Georgia Reports Volume 125

Georgia Reports Volume 125

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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. 1906 edition. Excerpt: ...a jury would be fully authorized to find that such knowledge existed on the part of th@mployees. If the jury found that such a custom existed, it was then a question for them to determine what ordinary diligence required of the company with reference to signals and the manner of approaching and running through the village. The evidence was conflicting as to the speed of the train. It was also conflicting as to whether the bell was tolled. There seems to be-no claim that the whistle was sounded. At the time of the injury the engineer was not looking ahead, but had his attention directed towards the rear of the train, to see whether a switch had been cleared. It appeared that the engineer could not have seen the plaintiff if he had been looking ahead, on account of the plaintifl being so near to the front of the engine, the view being obstructed by the smoke-stack and other portions of the engine. The evidence was conflicting as to whether the plaintiff was warned by a signal from an employee of another train, as to the approach of this train. A verdict for the defendant would have been fully authorized, there being positive evidence that the injury resulted from the plaintiff's attempting to step upon the_ pilot of the 'engine as it approached him. This was, however, in terms contradicted by the plaintiif, who stated that he looked in the other direction for a train which he knew might be approaching, and that while his attention was diverted in this way, he was run down by the engine which inflicted the injury. The question of the negligence of the defendant and of the diligence of the plaintifion the occasion were peculiarly for solution by the jury; and after a careful examination of the entire evidence in the case, which more

Product details

  • Paperback | 382 pages
  • 189 x 246 x 20mm | 680g
  • United States
  • English
  • black & white illustrations
  • 1236938763
  • 9781236938763