Canadian Railway Cases Volume 22

Canadian Railway Cases Volume 22

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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: ...and of the pressing anxiety to make haste, but that rendered it all the more incumbent on him in charge to see that no chance of harm should come to the helpless and inexperienced ones who were being hastened, possibly beyond their usual pace. I agree with the opinion of the learned and long experienced trial judge and the judges of the Appellate Division supporting his judgment. I think the appeal should be dismissed with costs. Duff, J.: --The appeal should be allowed and the action dismissed with costs. Anglin, J.: --The facts are deposed to by the plaintiff and her two children and the railway conductor. Without inputing deliberate perjury to the conductor, the inaccuracy of several of his answers, and the flippancy of one of them may well have led the jury to reject his version of what occurred where it differed materially from that of the plaintiff, and I think we must, for the purposes of this appeal, assume that the story of the plaintiff and her children is correct. It should, however, be noted that, although the unfortunate Mayne was not accustomed to travelling, there is no evidence that the conductor had been apprised of that fact. The contrary view taken by one of the judges of the Appellate Division, 34 D.L.R. 658,39 O.L.R. 12, ante p. 210 probably to some extent influenced his judgment in favour of the plaintiff. Ferguson, J.A., who reached the same conclusion, very succinctly, and, upon the assumption that the plaintiff's story is correct, I think accurately, states the material facts as follows: --The deceased, his wife and seven children, entered the train at Whitby destined for a flag station called Dunbarton. The deceased requested the conductor to let him know when they were at that station; accordingly, as the more

Product details

  • Paperback | 176 pages
  • 189 x 246 x 10mm | 327g
  • United States
  • English
  • black & white illustrations
  • 1236988434
  • 9781236988430