Railroad Reports Volume 37

Railroad Reports Volume 37

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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. 1905 edition. Excerpt: ...purview of said section, is one that insures the safety of lives and limbs of the traveling public, although the same might not be as eflective in turning stock as the pit guard; that to use the pit guard, which is more efiective, but more dangerous to the lives and limbs of the traveling public, is not intended by said section, and, if that is true, then the same is a violation of the fourteenth amendment to the Constitution of the United States, in that it deprives the defendant of its property without due process of law. Defendant's motion for a new trial was overruled, and it appeals. Mages & Longstreet, for appellant.. W. Cutrer, for appellee. WHITFIELD, C. J. The primary object of section 3561 of the Code of 1892 is to protect the farmers of this state from the depredations of cattle entering over the railroad right of way, and this primary object must be the polestar of construction in determining its purpose. We have held, and again reaffirm the doctrine, that the object of the section was not only to protect farmer's crops, but to secure the safety of the traveling public. Because, in this particular instance, the Ross cattle guard is perfect of its kind, this court is not to decree its use a perfect defense to suits for damages by trespassing stock. The kind may not be reasonably effective to keep out stock--not a perfect kind of cattle guard. The argument is that though this surface cattle guard is ineffective to keep out stock, yet, because it is less dangerous to the traveling public than the pit cattle guard, this Ross cattle guard, if perfectly constructed, must be judicially declared a compliance with section 3561, whose fundamental purpose is the safety of crops. This is an easily demonstrable fallacy. Pursue...
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Product details

  • Paperback | 444 pages
  • 189 x 246 x 23mm | 789g
  • United States
  • English
  • black & white illustrations
  • 123691788X
  • 9781236917881