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 8

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 8

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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. 1900 edition. Excerpt: ...But beyond this, there is the positive testimony of the fireman that the deceased had a copy of the order, which he showed to witness. There was further evidence that " running " slow meant eight to ten miles an hour, and that at that speed the accident would not have happened, or, at most, would not have had any serious results. It is true that an effort was made by plaintiff to show that the notice was not posted until after the accident, but the evidence could hardly be said to amount to a scintilla. A single witness (the engineer of a shifting engine) was called to this point in rebuttal, but his testimony cannot fairly be said to go further than that he did not see the notice until after the accident. the same are chronologically grouped, pear in vol. I0. Subsequent actions on from the earliest period to 1897, and the same topic, to date, are reported in arranged in alphabetical order of vols. 1-8 AM. NEG. REL, and the curStates. The Pennsylvania cases ap-rent numbers of that series of Reports. It is further said that the testimony as to the posting of the notice ani the deceased's knowledge of it was by witnesses for the defense, and their credibility was for the jury. Such certainly is the general rule. The jury are not bound to believe every story that a witness or witnesses are willing to swear to, simply because no other witness contradicts it. If its inherent improbability or irreconcilability with facts shown or admitted is such that it does not command their assent, the jury may disregard it. But this rule is founded on common sense and knowledge of human nature, and must be limited by the same standards. When the testimony is not in itself improbable, is not at variance with any proved or admitted facts or with...show more

Product details

  • Paperback | 364 pages
  • 189 x 246 x 19mm | 649g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236943260
  • 9781236943262