Canadian Railway Cases Volume 21

Canadian Railway Cases 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. 1918 edition. Excerpt: ...a man in front of him, so that he cannot get beyond the lower step--and in that position, when he makes way for a lady who is trying to get off, instead of getting off entirely so that he may stand firmly on the ground, he hangs himself in the air in such a posture as that he would almost certainly suffer a disaster if the car started, as he knew it was about to do. I think the plaintiff has himself at least partly to blame, and would allow the appeal with costs here and below. KELLY, J.: --I have read and re-read with care all the evidence at the trial. The learned trial Judge has found that the conductor of the car was negligent. That appears from the reporter's notes of the discussion between the Court and counsel just prior to the delivery of judgment. These notes afford the only record of the learned Judge's findings of fact except as they may be assumed from the decision in the plaintifl"s favour. But, accepting the finding of negligence against the defendants, I am not, after careful consideration, able to exonerate from negligence a person who, as did this plaintiff, hurried to get on to a car Which "was loaded," "was full," and "the lobby was full," and which he expected was about to move off, and who stepped on to the lower step leading to the platform, and "could not get any further, for there was a gentleman in front of me on the next step," and because a lady was getting out of the doornot the door of exit--"and you could not go in there two abreast not with big coats like I have;" where both the other gentleman and the plaintiff "had to swing back a little bit to give her proper room to get out;" and where the plaintiff, when he more

Product details

  • Paperback | 176 pages
  • 189 x 246 x 10mm | 327g
  • United States
  • English
  • black & white illustrations
  • 1236794656
  • 9781236794659