The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States, with Notes and References [1869-1887]
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. 1871 edition. Excerpt: ... in person, and temporarily laying their tools thereon, from which accidents might reasonably be expected to occur, to avoid which a constant and additional degree of watchfulness would be required on the part of the engineers having trains in charge. They would know that they were always liable to find such wo-king parties upon their road, but when and where, aud under what circumstances, they would have no means of determining. And under the best management, on the part of the railroad company, accidents might reasonably be expected to occur from such causes. In the removal of such causes the railroad companies, and the traveling public, are greatly interested. Every thing that tends to increase the danger of travel upon our railroads, public policy requires should be prevented if practicable. The value of this right to the land owners is slight, and, in a majority of the cases, was probably well characterized by the defendant in this case, when he stated, in his testimony, that the damage for cutting the grass was not two and sixpence. The railroad companies are always likely to suffer severely in their property, in cases of accident. They are also, to a certain extent, liable to others for injuries resulting from such causes, and to this liability they should be strictly held. At the same time, we think they should have such sole and exclusivcontrol of the land within the lines of their road, as shall enable Jacobs v. Allard. them so to keep it as to exclude all probability of any accident resulting from any outside interference with such possession. Upon the facts developed in this case, we think the pro forma ruling of the court below, in directing a verdict for the defendant, was erroneous. Judgment reversed, and case remanded. Jacobs...
- Paperback | 256 pages
- 189 x 246 x 14mm | 463g
- 26 Jun 2012
- Miami Fl, United States
- Illustrations, black and white