A Digest of Railway Decisions; Embracing All the Cases from the Earliest Period of Railway Litigation to the Present Time in the United States, England and Canada Volume 3

A Digest of Railway Decisions; Embracing All the Cases from the Earliest Period of Railway Litigation to the Present Time in the United States, England and Canada Volume 3

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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. 1895 edition. Excerpt: ...railway commissioners to decide upon the necessity of stationing flagmen at crossings, it must appear that a crossing is more than ordinarily hazardous to justify a jury in finding the company negligent in not providing fiagmen when not ordered by the commissioners. Grand Trunk R. C0. v. 1'1/es, 144 U. S. 408, 12 Sup. C'/. Rep 679. The duty of keeping a watchman or flagman at street or road crossings is regulated under a statute bya railroad commissioner; but when a railroad company obstructs its track so that those approaching cannot see a coming train, and the signals required by statute are not sufficient to warn the traveler, some additional warning must be given; and there are cases where a flagman would be necessary to acquit the company of negligence. Gzgrgen/zeim v. Lake S/zore 6- 111. S. R. Co., 32 Am. 6 Eng. R. Cas. 89, 66 Mzk/1. 150, 9 West. Rep. 903, 33 N. W. Re_fl.161.--APPROvED IN Freeman '1/. Duluth, S. S. & A. R. Co., 37 Am. & Eng. R. Cas. 501, 74 Mich. 86,41 N. W. Rep. 872, 3 L. R. A. 594; Heddles 1/. Chicago & N. W. R. Co., 39 Am. & Eng. R. Cas. 645, 74 Wis. 239, 42 N. W. Rep. 237. EXPLAIN!-ID XN Grand Trunk R. Co. 1/. Ives, 14.4 U. S. 408. The statute charges the railroad commissioner with the duty of determining the necessity of establishing a flagman upon any particular street crossing of a railroad, and his absence is of itself no evidence of negligence upon the part of the railroad company, but it must appear that the circumstances of the crossing are such that common prudence would dictate that the company should place a flagman or his equivalent at such crossing. Freeman v. Dului/1, S. S. 6, A. R. Co., 37 Am. 6 Eng. R. Cas. 501, 74 M1211. 86, 41 N. W. Rep. 872, 3 L. R. A....show more

Product details

  • Paperback | 702 pages
  • 189 x 246 x 36mm | 1,234g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236866347
  • 9781236866349