Canadian Railway Cases Volume 8

Canadian Railway Cases 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. 1909 edition. Excerpt: ...we adopt the views of the first Court and find no error in the conclusions at which it arrived. There is an interesting question involved in the case which is dealt with in the judgment of the Superior Court--an interesting question as to how far a railway company is responsible for injuries received by a child, say of nine or ten years of age, when playing upon its turntable on its own property. The railway company at Sherbrooke in its own yard has a turntable, and the child of the respondent in this case with some other children was playing upon that turntable and getting a ride when the accident occurred which resulted in the loss of the child's foot. The question before us is this: Is the railway company responsible for an accident of this kind when children come on the railway company's property and get hurt? Well, the judgment holds that under the circumstances of this case the railway company is responsible on the principle that if anybody employs a dangerous instrument or thing, even on his own property, which he knows or has reason to believe in its allurement to children coming about it is dangerous and likely to hurt them, then he increases his responsibility if he does not make that machine so that the children will not get hurt. In this case the turntable was not fastened, and the company had good reason to know that it was dangerous, because other children had been hurt playing about. "We simply confirm the judgment for the reasons stated in the judgment of the first Court without any further discussion. Cate, Wells & White, for the appellants. Brown & MacDonald, for the respondent. INFANT--NEGLIGENCE. Nova Scotia. supreme Court. Lott v. Sydney & Glace Bay R.W. Co. (41 N.8.R. 153). Before Sib R. more

Product details

  • Paperback | 188 pages
  • 189 x 246 x 10mm | 345g
  • United States
  • English
  • black & white illustrations
  • 1236769767
  • 9781236769763