Negligence and Compensation Cases Annotated Volume 16
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. 1918 edition. Excerpt: ...the ordinance which is suggested above would be to say that its passage was a useless act. Furthermore, the contention that such construction of the ordinance is made imperative by the fact that it prescribes no penalty for its violation is not properly presented by the record as it comes to this court. Although cases may be found which hold that a municipal ordinance which imposes obligations, but provides no penalty for its violation, is void, the trend of modern decisions is toward the rule that the penalty, though usually and more properly fixed by the ordinance itself, may, in certain instances, be supplied or more clearly defined by reference to general or statutory provisions of the law applicable to the subject-matter, and, in any event, there can be no doubt that the penalty may be prescribed in a section of the ordinance other than the one which declares the ofiense. Cooper v. City of Gadsden, 10 Ala. App. 609, 612, 65 South. 715'; Blake v. City of Pleasantville, 87 N. J. Law 426, 429, 95 Atl. 113: Brunker v. Corporation Tp., 22 Ont. 121, 124; Brown v. City of Toledo, 7 Ohio N. P. 435. man should have anticipated tho collision. It was said: sion, and the question of negligence should have been left to the jury." "The real question in the case was, not whether-the motorman could have stopped the car, but whether he was negligent in not doing so; and this was a. question for the jury, and not for the court. Had the evidence shown. without controversy that the motorman, in the exercise of care, could and should have anticipated the collision long enough before hand to enable him to stop the car or check its speed so as to avoid the accident, then the instruction might have been correct. But the facts were in...
- Paperback | 616 pages
- 189 x 246 x 31mm | 1,084g
- 13 Sep 2013
- Illustrations, black and white