Cases Decided in the Supreme Court of Appeals of Virginia Volume 114

Cases Decided in the Supreme Court of Appeals of Virginia Volume 114

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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. 1913 edition. Excerpt: ...push it down again, and thus propel the car. The rule with respect to the operation of these cars required the cars to run apart from each other the distance between two telegraph poles, or about 170 feet; and on the occasion of the accident to plaintiff in error the cars started out on their return trip to camp with the car on which he was riding in the rear, with VVimbush in charge; and in the course of the trip and when Wimbush saw that his car was getting too close to the car ahead of him, be checked the speed of his car so as to increase the distance between it and the car next in front by putting his foot on the brake; and by the car being thus checked plaintiff in error was thrown OE upon the track in front of the car, which ran upon his body and thereby inflicted upon him serious and permanent injuries. This action to recover for said injuries is grounded (1) on the negligence of defendant in error in furnishing a defective hand car, maintained and operated by it, and upon which plaintiff in error and other employees were being carried from their place of work to the camp at the time and 011 the occasion that plaintiff in error sustained his injuries; and (2) upon the negligence of the employee and agent (Wimbush) of the defendant in error in the manner of operating the car at the time, and by reason whereof plaintifi in error was thrown from the car and the car run upon him. The defense to the action is (1) that the defendant in error had used ordinary care to furnish, and as a matter of fact had furnished, to the plaintiflf in error a reasonably safe hand car on which he was to be transported to and from his work; and (2) assuming that defendant in error had been negligent in failure to use ordinary care to furnish a reasonably...
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Product details

  • Paperback | 304 pages
  • 189 x 246 x 16mm | 544g
  • United States
  • English
  • black & white illustrations
  • 1236947193
  • 9781236947192