Railroad Reports Volume 68

Railroad Reports Volume 68

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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. 1913 edition. Excerpt: ...57 N. W. 14-4, 26 L. R. A. 739; Barstow 1'. Old Colony R. R. Co., 143 Mass. 535, 10 N. E. 255. It follows that the petition stated a cause of action, and the demurrer to the evidence, as well as the motion of the defendant for a directed verdict in its favor, were properly overruled. There is no merit in the other assignments of error under the record. All the Justices concur. Master and Servant--Injury to Brakeman-Rules of Company.A rule of a railway company, requiring all brakeman to inspect carefully at every stop the coupling apparatus and other appliances, and to report to the conductor anything found out of order, is subject to a reasonable interpretation, measured in degree by the opportunity to examine and the character of the existing defect. Master and Servant--Injury to Servant--Contributory Negligence--Question for ury.--Where such a rule is in force, and a brakeman is injured by a defect in an appliance of which he is ignorant, but which he might have discovered by inspection, the question of his contributory negligence is generally for the jury to determine, taking into consideration the rule and the circumstances shown by the evidence. Master and Servant--Dangerous Appliances-Liability of Master.--Under the facts in this case, the defendant could not. by adopting such a rule, thereby relieve itself from liability for a failure to furnish plaintiff with reasonably safe appliances; the jury having found, upon sufficient evidence, that it was not practicable for plaintiff, by inspection, to discover the defect. Master and Servant-Injury to Servant--Contributory Negligence.--The evidence is held sufficient to warrant a finding that plaintiff was not guilty of contributory negligence. Master and Servant--Injury to...show more

Product details

  • Paperback | 376 pages
  • 189 x 246 x 20mm | 671g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236930150
  • 9781236930156