McMaster's Commercial Decisions Affecting the Banker and Merchant; From the Decisions of the Highest Courts of the Several States Volume 19

McMaster's Commercial Decisions Affecting the Banker and Merchant; From the Decisions of the Highest Courts of the Several States Volume 19

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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. 1916 edition. Excerpt: ...other personal injury, substantial damages may be recovered by a female passenger for fright and shock due to profane and insulting language, used in her presence and hearing by fellow passengers after knowledge by the conductor that the fellow passengers were dnmk. Trainmen having reasonable grounds for believing that any passenger will act in a violent or offensive manner must take immediate steps to prevent such conduct or exclude the offending passenger from the train. A charge that the obligation of a carrier is to carry its passengers safely and properly and treat them respectfully, and that it is obliged to protect them from violence and insult from whatever source, and must use all such reasonable precautions as human judgment and foresight are capable of to make passengers safe and comfortable, is not objectionable as making the carrier an insurer of the passengers. A complaint, in an action for injuries to a passenger, which states the facts of the injury, not imputing the carrier's negligence to them and without specifying the negligent acts or omissions of the carrier relied on, and which concludes with a general averment that the passenger was injured as a proximate result of the negligence of the carrier as to a duty owed to her as a passenger, is good as against a demurrer.' A complaint, in an action for injuries to a passenger, which shows the relation of carrier and passenger, and which alleges that, while plaintiff was a passenger, the trainmen negligently failed to preserve order among the passengers, and negligently allowed them to engage in disorderly conduct and use obscene, indecent, threatening, profane, and insulting language in the presence and hearing of plaintiff and in close proximity to her, and...show more

Product details

  • Paperback | 294 pages
  • 189 x 246 x 16mm | 531g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236856538
  • 9781236856531