Railroad Reports Volume 39

Railroad Reports Volume 39

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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: ...request was overruled. Upon the fact proposition here re-ferred to, the court, upon its own motion, said to the jury: "If you find from the evidence that the plaintiff and his brother, the same day the accident occurred, raised a panel of the snow fense that had fallen, and leaned it against the permanent fence or the other panels of the snow fence, and the same was left by plaintiff and his brother in that condition, without any fastening to the permanent fence, and afterwards the same day the plaintiff went near such panel, and the same fell over on him, and if you find that plaintiff had sufficient capacity to understand and appreciate the danger surrounding him at the time of the accident, then he would be guilty of contributory negligence, and in that event he cannot recover, notwithstanding defendants may have been neg-ligent in the erection and construction of the snow fence." At the request of plaintiff, an additional instruction was given as follows: "You are further instructed that if you should find the plaintifi, Marion Fishburn, did, prior to the time of the accident, aid in raising and placing as aforesaid the panel that fell upon him, or that contributed to the falling of the panel as alleged, you shall then consider the childish instincts of the plaintiff. his men-tal powers, judgment, discretion, and want of discretion at his age, and you will charge and hold him responsible only to the de-gree of caution and prudence under the same conditions gen-erally possessed and exercised by a child of his age and experi-ence under all the circumstances as disclosed by the evidence in the case." The instructions given and refused, as here noted, require a consideration of the question of the proximate cause...
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Product details

  • Paperback | 466 pages
  • 189 x 246 x 24mm | 826g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236876563
  • 9781236876560