Negligence and Compensation Cases Annotated Volume 17

Negligence and Compensation Cases Annotated Volume 17

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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. 1919 edition. Excerpt: ... slope, collided with a passenger car of the defendant, causing the death of the plaintiff's husband, who was riding therein as a passenger. In considering an appeal from a judgment entered on a verdict in the plaintit'f's favor, the court, having decided that the facts showed the traction company to be for the purposes of the case an independent contractor, and disclosed no basis for the inference of a joint obligation on the two companies to preserve the safety of passengers carried, held that, the defendant having beyond question rebutted, with respect to the operation of the passenger-carrying car, the presumption of negligence resting upon it by virtue of the occurrence of the accident, the facts presented no basis for liability. "Summing up the case briefly," the court said, "it shows the defendant using what must be treated as its own track, lawfully and without negligence, and having its passenger killed by the act of a third party, over whom it had no control and for whose action it was in nowise responsible." The judgment was reversed, and judgment was ordered for the defendant notwithstanding the verdict. G. Injured on Street Car Colliding with Train N egligently Bun. In the case of Augustus v. Chicago, R. I. & P. Ry. Co., 153 Mo. App. 572, 134 S. W. 22 (1911), it appeared that a freight train, having been allowed to obstruct for a short time a street occupied by a street railroad, was moved off so as to clear the street car track b, y 15 or 20 feet. Then, as the court states it, "The train stopped, and ran back slowly until its end again reached the north street car track, and collided with a westbound street car on which plaintiff was a passenger, and which was attempting more

Product details

  • Paperback | 684 pages
  • 189 x 246 x 35mm | 1,202g
  • United States
  • English
  • black & white illustrations
  • 1236990676
  • 9781236990679