American Negligence Reports, Current Series; All the Current Negligence Cases Decided in the Federal Courts of the United States, the Courts of Last Resort of All the States and Territories, and Selections from the Intermediate Volume 1

American Negligence Reports, Current Series; All the Current Negligence Cases Decided in the Federal Courts of the United States, the Courts of Last Resort of All the States and Territories, and Selections from the Intermediate Volume 1

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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. 1897 edition. Excerpt: ... the persons managing said train, failed and neglected to sound the whistle or ring the bell in approaching said crossing, and was carelessly and negligently running at a great and unlawful rate of speed through said incorporated town, to wit, at the rate of forty miles an hour." It must be said that the complaint is a most imperfect pleading. If every allegation were proved, there could still be no recovery. The allegations in immediate relation to the accident, both as to the appellant's negligence and as to the decedent's freedom from contributory negligence, are quite insufiicient. Because such lumber piles might obstruct the view of travelers on the street, it does not follow that they obstructed the view of the decedent. It is not of itself negligence to erect a structure upon a railroad right of way. If such structure obscures the traveler's view of the track, that will only make it necessary both for those in charge of trains and also for the traveler himself to approach the crossing with the greater care. Trains have approached crossings without blowing the whistle or ringing the bell, and while moving at the rate of forty miles an hour, a11d yet no one has been hurt. Because an act is negligent, and some one is hurt, it does not follow that the hurt is a consequence of the negligence Liability can arise only from an act of negligence which either of itself, or in connection with other causes, brings or helps to bring about the injury; and such act of negligence must be alleged and proved. Railway Co. 2'. Young, 45 N. E. 479 (lnd.) 1. It is a general rule in actions for negligence, that at least three propositions must concur before a liability arises: Negligence on the part of the defendant, which negligence is the...show more

Product details

  • Paperback | 370 pages
  • 189 x 246 x 20mm | 658g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236837029
  • 9781236837028