Railroad Reports Volume 49

Railroad Reports Volume 49

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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. 1908 edition. Excerpt: ...without them there is no cause of action; and that, unless it is shown at the trial, or there are facts from which it can be inferred that the servant was ignorant of the existence of the danger, he would be nonsuited. Fry, L.., said that it appeared plain to him that the knowledge of the master and the ignorance of the servant are necessary to constitute a cause of action. This statement of the substantive law of the case is sufficient to obviate the necessity of specifically considering the requests to charge that are relied upon, for they are directed in varying ways to substantially the same question. The defendant claimed that the derailment could not be accounted for nor guarded against, and offered to show that a large per cent. of derailments are of that character, for the purpose of showing that they are ordinary risks of the business, and therefore assumed by the servant. But, as we have seen, the risk in question, as shown by the declaration and the plaintiff's evidence, was not an ordinary risk, but an extraordinary risk, and the plaintiff could not recover unless he showed that the accident happened substantially as alleged in the declaration. Clark 1/. Employers' Liability Co., 72 Vt. 458, 467, 48 Atl. 639. Therefore the testimony was offered to show a thing not in issue, and properly excluded. ' As it does not appear what answer was expected to the question put to the witness W'alsh, its exclusion does not show error. The question put to the witness Brown as to the condition of the roadbed as to ballast when he examined it a year and a half after the accident, was properly excluded, because it did not appear that its condition was the same. The defendant moved in arrest, and insists that the declaration is bad...show more

Product details

  • Paperback | 410 pages
  • 189 x 246 x 21mm | 730g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236777050
  • 9781236777058