Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 108

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 108

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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. 1903 edition. Excerpt: ...defects were discovered in the truck, which, in our opinion, were sufii-cient, in the absence of suggestion of any other known cause, to R0" count for the derailment; And this, we take it, was the opinion of the jury, which gave a verdict for the plaintifi in the sum of $12,500, and f the jllage before whom the case was tried and who made that Verditi 'the judgment of the court. The counsel say: "To eke out Chotin's story, that, after the accident, the side bearings were locked, the court presumes that they were looked Budge vs. Railroad and Steamship Company. before the accident, and it reaches this conclusion by supposing that the king pin was bent on the trip to Morgan City in consequence of the hanger pin being out; and that the hanger pin was out before the accident is likewise presumed." The charge that the court indulged in any presumption in order to "eke out Chotin's story" has no foundation in fact, and the assertion that the court reached the conclusion that the plates were locked before the accident by supposing that the king pin was bent on the trip to Morgan City is equally unwarranted. As may be seen by reference 10 the opinion, it was said, referring to the testimony of certain witnesses for the defendant who undertook to testify as experts: " They testified, generally, that the truck, while on a straight track, cannot turn far enough to allow the friction plates to become locked by getting the one behind the other, and that the listing of the car, resulting from the displacement of the hanger pin, cannot effect such a result and does not endanger the safety of the car. As to the first of these propositions, it may be said that the car was not on a straight track, but...show more

Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236963628
  • 9781236963628