Porto Rico Federal Reports; United States District Court for the District of Porto Rico Volume 9

Porto Rico Federal Reports; United States District Court for the District of Porto Rico Volume 9

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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. 1918 edition. Excerpt: ...the man is going to observe the first law of nature and protect himself when all he has to do is to take two steps at most to one side. I do not think there is any duty upon an engineer to stop the train when he sees a man on the track 80 to 90 meters ofi, and it would be requiring too much to expect the engineer within 20 meters to begin to stop the train. He has a right to assume that the man will step ofi, and there is no evidence that he discovered that the man was drunk when he first saw him. It is in evidence that the man was drunk and staggering, but there were only about 20 meters or 60 feet in which the engineer could have applied his brakes to act upon-that knowledge. I do not think that, on the facts so far shown, it can be said that the company or the engineer of the defendant company was guilty of wilful negligence, perhaps any negligence at all, but I think certainly not wilful negligence in not applying the brakes within the 20-meter margin that he had. If he applied them after that, he would have run over the man; in fact he did run over him. I think the motion must be granted. It is so ordered. Negligence--Unavoidable Accident. 1. A plaintifl cannot recover if the evidence shows that the accident was not caused by the defendant's negligence, but was 1mavoidable. Negligenck-Measure of Damages. ' 2. Section 61 of the Code of Civil Procedure of Porto Rico, which provides that "such damages may be given as under all the circumstances of the case may be just," does not prescribe any new rule of damages, and must therefore be construed in connection with 1803 of the Civil Code of Porto Rico, which provides for compensatory damages only. Negligence--Measure of Damages--Expectancy of Life. 3. In an action...
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Product details

  • Paperback | 204 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236737709
  • 9781236737700