The American and English Railroad Cases; A Collection of All Cases, Affecting Railroads of Every Kind, Decided by the Courts of Appellate Jurisdiction in the United States, England, and Canada [1894-1913]. Volume 60

The American and English Railroad Cases; A Collection of All Cases, Affecting Railroads of Every Kind, Decided by the Courts of Appellate Jurisdiction in the United States, England, and Canada [1894-1913]. Volume 60

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...Where deceased was struck on the head by a trolley pole and survived from 10 minutes to half an hour, it could not be said at a matter of law that the survival act was not applicable. Error to Circuit Court, Wayne County; Joseph W. Donovan, Judge. Action by Bertha Ely, as administratrix of the estate of Henry Austin, deceased, against the Detroit United Railway and the Detroit, Monroe & Teledo Short Line. Judgment in favor of plaintiff for an insufficient amount against the defendant Short Line, and plaintiff brings error. Reversed. Argued before Bird, C. J., and Mcalvay, Brooke, Blair, and Stone, JJ. Clarence P. Milligan, for appellant. Brennan. Donnelly & Van De Mark, for appellees. Blain, J. The plaintiff's intestate in this case, Henry Austin, met his death as the result of being struck on the head by the trolley wheel and pole of an interurban car of the Detroit, Monroe & Toledo Short Line upon the back platform of which he was riding, and this case was instituted by the plaintiff as administratrix and daughter of the deceased to recover damages for his death. The declaration contained two counts; one setting up liability under the "death act.'" and the other alleging liability under the "survival act." The length of time which elapsed between the fatal blow and the complete extinction of life is uncertain. According to the highest estimate, about 20 minutes elapsed from the time of the injury until the car reached Rockford. At this place a physician was sent for and procured, which must have consumed some time. The physician testified: "The man was on the platform of the car when I got there, and I looked at the man, and he was breathing at that time, and 37 R R R--27 Ely v. Detroit United Ry. Co...show more

Product details

  • Paperback | 400 pages
  • 189 x 246 x 21mm | 712g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236982533
  • 9781236982537