The American and English Railroad Cases; A Collection of All Cases, Affecting Railroads of Every Kind, Decided by the Courts of Appellate Jurisdiction

The American and English Railroad Cases; A Collection of All Cases, Affecting Railroads of Every Kind, Decided by the Courts of Appellate Jurisdiction

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...and fell on him. He died about seven hours afterwards from the effects of the fall. It is in evidence that the pole was two feet in the ground, that the ground was wet at the time, as it had rained the previous day. The defendant pleads that the accident was caused by the lineman's want of care and caution; that he was aware of the danger of Blund c. Shreveport Belt-Ry. Co. the employment. The jury found a verdict for the plaintiffs in the sum of 2,500. After an ineffectual attempt to obtain a new trial from the verdict, the defendant appeals from the judgment. Before the guy wire was removed, the offending pole was safe. It remains, none the less, that without this wire it was entirely unsafe. We have seen that moving the wire was a necessity, rendered so by the fact that the guy tree was on the right of way of another railroad. The removal was ordered by the defendant company under whose order the two--its superintendent and lineman--acted. The company's order was to take down the wire, and take it out of the way. It is well settled, in order to support an action for personal injuries, two things must concur: the want of proper care and caution on the part of the defendant, and no fault on the part of the plaintiff. If the defendant was notified of the vice of construction at the place the accident occurred, and failed to make needful repairs within a reasonable time, it became responsible for injuries resulting from the fall of the pole. It is but fair to the present management to state that it does not appear of record that they had any knowledge of the defect. It is in evidence, however, that in 1893 the one who was lineman of the company reported to the superintendent that this pole was weak, threatening, and that it needed resetting....show more

Product details

  • Paperback | 298 pages
  • 189 x 246 x 16mm | 535g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236663667
  • 9781236663665