Railroad Reports Volume 28

Railroad Reports Volume 28

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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. 1903 edition. Excerpt: ... for the Company: "That is, Your Honor charges that in addition?" The Court: "Yes, sir." Counsel for plaintiff: "The Supreme Court has repeatedly held that a public street of that city could not be used as a switch yard." The Court: "I charge that. He says 'in the switch yard' first, and then I charge them that they cannot use the public streets of a city as a switch yard." _ Counsel for Plaintiff: "If Your Honor please, I was going to suggest that perhaps Your Honor's suggestion was too broad there. Of course, a railroad may switch across a public street, but in doing so it must use statutory precautions." The Court: "Read that; you will see that I have got it that way; whenever it uses a public street, it must use statutory precautions. " Counsel for Plaintifi: "And that is all of it." In all this as we have seen there was error. If the accident occurs in switching operations proper and necessary in and about the depot grounds and yards, and whether on or off a street, the company is not required to observe statutory precautions, though it is required to observe the care and caution which the dangerous conditions demands It is always, therefore, a proper matter of fact under appropriate instructions, for the jury to determine whether the switching was being in fact done, and lawfully done, although upon a street. There is no decision of this Court in respect to switching operations not being within the exception to the rule as to statutory precautions, if done upon a public street Whatever may be the rights of the city authorities and the public to allow or forbid such use, when it is in fact allowed and done, we are aware of no rule of...show more

Product details

  • Paperback | 448 pages
  • 189 x 246 x 23mm | 794g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236785290
  • 9781236785299