Nebraska Reports Volume 98

Nebraska Reports Volume 98

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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. 1915 edition. Excerpt: was necessary with heavy rails that, if they were swung from the center, the ends should be taken hold of by men upon the ground so as to prevent their tipping and sliding, and that this rail was properly swung from the top of the flat car, and that this rail would not have slipped if Ruberti had taken hold of one end of it while the plaintifi' was taking hold of the other. It also tended to prove that the men employed in the screw gang, the spike gang, those unloading rails, and the crane crew, which was engaged in bringing rails from the yards and attaching the tongs and operating the crane, all belonged to what was known as the steel gang, and were fellow servants, and were all under the direction of foreman Christianson. Twelve errors are assigned by the defendant as grounds for reversal. The first is that the court erred in permitting a witness to testify that he had seen a rail fall out of the hook on former occasions, and that the foreman was standing where the witness supposed he could see it. IVe see nothing prejudicial to the defendant in the admission of this testimony. There is no proof.that the foreman knew of the fact, and, even if he had known, we cannot see how the testimony could have afiected defendant adversely. The next assignment is that the court erred in excluding testimony of the witness Thomas to show that Anderson was in the steel gang under the same superintendent as Russo and this witness. These questions were ruled out as not being proper cross-examination. The defendant was permitted at another point in the trial to show these identical facts, and therefore cannot have been prejudiced. A After the same witness had testified as to the make up of the screw gang and the spiking gang and the steel gang, ...
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Product details

  • Paperback | 326 pages
  • 189 x 246 x 17mm | 585g
  • United States
  • English
  • black & white illustrations
  • 1236875656
  • 9781236875655