Reports of Cases Volume 23

Reports of Cases Volume 23

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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. 1885 edition. Excerpt: ...or was not, negligence in the defendants to use wood as fuel for their engines. There was no conflict of evidence on the question of the comparative danger of burning wood and coal. One of the witnesses, who had been a section-man on the defendants' railway, said that he had never known a fire set by sparks from a coal-burning engine, but that fires were very frequent in dry weather when they burnt wood exclusively; and the plaintifl"'s evidence was to the same effect. We therefore think there was evidence of negligence to leave '00 the jury, and no misdirection with respect to the question of fuel. With respect to the insurance of the buildings, we think the evidence was properly rejected. If the plaintiff had insumnce, it would be no answer to the defendants' liability for daunageS for the injury done him. This principle was decided in the case of Yates v. Whyte (1), and was also acted on in Bradbulrn v. Great Western Railway Comprmzy (2); see also, Commcrcwl Union Assurance Company v. Lister On the question of contributory negligence, the jury found against the defendants. The only evidence bearing on this point was that of the plaintiff, who stated that his barns were between one hundred and eighty and two hundred feet from the railway (the actual distance from the track was two hundred and five feet); that they were the ordinary description of barns built in the country twenty or twenty-five years ago, being enclosed with boards, but not shingled except on the roof; that the sills of the barn were about four feet from the ground, and in some places the boarding extended down to the ground, and in others, not quite so far--the ground being uneven; that there was a small quantity of hay in a bay (so called) more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • United States
  • English
  • black & white illustrations
  • 1236879872
  • 9781236879875