The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 21

The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 21

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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. 1877 edition. Excerpt: ...way, and it was permitted to get in an unsafe condition, and complaint was made by a servant or employee during the period it was so out of repair, the master took upon himself the risk, and was responsible to a servant for any accident that happened. Assuming then that the jury found the facts to exist as stated in the instruction, the conclusion of law predicated thereon was more favorable to the defendant than many of the best adjudged cases would warrant. Under the first instruction given for the defendant, it is evident that the jury must have found that the hole was not so plainly visible that the plaintiff must have known of it by using his senses and faculties; and this finding is sustained by the evidence, as it is shown that old ties were allowed to accumulate and remain there and partially cover up the hole. The second instruction precludes a recovery if the plaintifi Lewis v. St. Louis & Iron Mountain Railroad Company. knew of the danger and exposure of coupling the cars because of the hole being dug, and the verdict negatives any knowledge on his part. The next permits the jury to take into consideration all the facts and circumstances existing at the time, and surrounding the event, to determine whether the plaintiff was guilty of carelessness or negligence, or whether he contributed to the happening of the accident. Under these instructions the jury must have found that plaintifi, by his negligence, did not contribute to the injury, and also, that he did not know that the hole was there, and that it was not so plainly visible that it was carelessness to overlook it. This was going a great deal further than some of the cases require. In Flz'l'e v. Boston -Albany R. R. C'0., supra, the plaintiff knew there was...show more

Product details

  • Paperback | 358 pages
  • 189 x 246 x 19mm | 640g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 1236876989
  • 9781236876980