The Forum Volume 6

The Forum Volume 6

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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. 1901 edition. Excerpt: ... should it occasion an injury, it would be obliged, either to furnish the physician himself, or to furnish the money which the plaintifi would need to spend in hiring one, and although, having caused the injury, it furnishes the physician, the physician is an independentworker. He receives no orders from the company. He consults his own knowledge, or that of others whom he chooses to select. The company having exercised care in designating him for the task, is not responsible for his errors of judgment, or imperfectness of knowledge. or defects of attention. Pearl v. West End Street Railway, 176 Mass. 177; Glavin. Rhode Island Hospital, 12 R. I. 411; Cf. Edmundson v. R. R. Co., 111 Pa. 316; Harrison v. Collins, 86 Pa. 153; Smith v. Simmons, 103 Pa. 32. Balph was run into at a crossing and hurt by the defendant. At the trial Althorp testified for him that no bell had rung or whistle blown, and that the train was coming at forty miles per hour. Five minutes after the accident he had remarked to John Logan, that Balph would not have been struck had he taken the trouble to look and listen before venturing on the track. This statement he repeated four hours afterward in a letter to a brother, who was an employee of the R. R. Co. Defendant offered the oral statement and the letter in evidence. The court excluded them. Verdict for plaintiff for $2,500. Motion for a new trial. WILLER for the plaintiff The declarations were admissible in evidence as part of the res gestae. Call v. Easton Traction Co., 180 Pa. 618; Tompkins v. Saltmarsh, 14 S. & R. 272. It is error to exclude an offer to show that immediately after the occurrence, the witness had made statements entirely inconsistent with his testimony at the trial. Com. v. Werntz, 161 Pa. more

Product details

  • Paperback | 160 pages
  • 189 x 246 x 9mm | 299g
  • United States
  • English
  • black & white illustrations
  • 1236834550
  • 9781236834553