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 8

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 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. 1898 edition. Excerpt: ... C0. v. Kent, 84 Ga. 351, IO S. E. Rep. 965. A company was sued for constructing a bridge and embankments so as to divert the water of a creek from its course. Defendant offered to prove by an expert that the abutments of the bridge were properly and skilfully placed, and suificient to discharge the water in time of flood, but the testimony was excluded. Held, error. Can/melon Stone Road C0. v. Bujflzla, N. Y. 6 E. Ii'. Ca., 3 Hun (N. Y.) 523, 5 T. Gs C. 651. A strong wind blew the waters of a gulf out of their usual bounds and they washed away plaintiff's building. It appeared that the land for a considerable distance was level, and he claimed that if it had not been for an embankment erected by defendant company the waves would have passed on without injuring the building. A witness for defendant, after testifying that the wind blew at the rate of sixty miles an hour, was asked: "With a wind like that, what would have been the size of the waves in that immediate vicinity?" It appeared that the witness was acquainted with the locality and had been a seagoing man for many years. Held, that his opinion called for was admissible. l._/'/'rey v. Sabine &-E. T. R. Co., 76 Tex. 63, 13 S. W. Rep. l6 .--REVIEWED IN Sowles 1/. Moore, 65 Vt. 322. It is error to admit the testimony of nonexperts as to the necessity for the erection of more culverts and sluices, and as to the character and location of the same. Questions of science and skill should be elucidated by witnesses who, by their education and experience, are shown to be competent to judge of the matter. International G G. N. R. C0. v. jklalane, l Tex. App. (Civ. Cas.) 92. 137. Concerning state of the weather.--Plaintiff was a passenger on defendant's car during...show more

Product details

  • Paperback | 444 pages
  • 189 x 246 x 23mm | 789g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236895924
  • 9781236895929