The Encyclopaedia of Evidence Volume 10

The Encyclopaedia of Evidence Volume 10

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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. 1907 edition. Excerpt: ...testimony of a witness as to the behavior of horses when in near proximity to a moving train of cars was held properly admitted, it appearing to be a statement of a fact within his personal knowledge derived from experience, rather than an expression of opinion. "In either aspect it was competent. For the purpose of proving the probable behavior of a horse under particular circumstances, the conduct of other horses in the same or a similarsituation maybe shown.... It cannot be presumed that all men are so familiar with the conduct of horses when in the vicinity of and in different relative positions from a moving train that they can derive no information on the subject from the opinion of a witness expert in the use and management of horses in such situations." Folsom v. Concord & M. R. Co., 68 N. H. 454, 38 Atl. 209. 93-Terre Haute & I. R. Co. z/. Clem, 123 Ind. 15, 23 N. E. 965, 18 Am. St. Rep. 303, 7 L. R A. 588. 99-See zi. Wabash R Co., 123 Iowa 443. 99 N. W. 106. In an action for injuries caused by a defective board walk across defendant's road at a public crossing, evidence that the iiflury was caused by the defective walk makes a prima facie case of negligence, either in failing to make proper inspection or failing to repair defects which were discoverable by such inspection. Defendant's "want of knowledge of the deterioration of the sidewalk would be prima farie negligence." Vabash R. Co. '0. DeHart, 32 Ind. App. 62, 65 N. E. 192. 1-Texas & N. O. R. Co. 1/. Dessommes (Tex.), 15 S. VV. 806. 2. Nickerson 1/. New York, N. H. & ll. R. R. Co., 178 Mass. 195, 59 N. E. 636. See article "HIGHwars." 3-/Vhere the plaintiff claimed to have been injured by reason of the defective...
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Product details

  • Paperback | 586 pages
  • 189 x 246 x 30mm | 1,034g
  • United States
  • English
  • black & white illustrations
  • 1236915666
  • 9781236915665