Reports of the Cases Decided in the Appellate Court of Indiana Volume 27

Reports of the Cases Decided in the Appellate Court of Indiana Volume 27

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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. 1902 edition. Excerpt: ...right to assume that approaching teams were in the hands of competent drivers; that horses would not be improperly driven along the street. Stringer v. Frost, 116 Ind. 477, 480, 2 L. R. A. 614, 9 Am. St. 875; Birkett v. Knickerbocker Ice C0., 110 N. Y. 504, 18 N. E. 108; Shea v. Reems, 36 La. Ann. 966. V He was not negligent in failing to look for danger if under the surrounding circumstances he had no reason to apprehend it. Beach on Cont. Neg. 38; Langan-v. St. Louis, etc., R. 00., 72 M0. 392; Miller v. Terre Haute, etc., R. Co., 144 Ind. 323, 328; 7 Am. & Eng. Ency of Law (2nd ed.), 392, note 1. YVhetl1er he did have reason to apprehend danger was a question of fact in the case. Questions of fact, where there is room for difference between reasonable men, must be determined by the jury. Cleveland, etc., R. Co. v. Harrington, 131 Ind. 426, 433; Louisville, etc., R. Co. v. Williams, 20 Ind. App. 576. Neither will it do to say that one who shows himself to have been upon a public highway in a proper conveyance, conducting himself in a proper manner, and in nowise interfering with any other person, has introduced no evidence tending to show himself free from negligence, when he sues to recover damages caused by the negligence of another. He was not bound to look behind him. "The court in substance told the jury that it was for them toisay whether the circumstances were such that the defendant in the exercise of reasonable care should have looked behind or sidewise, and the jury by their verdict have found that they were not. The jury have settled the facts against the plaintiff." Rand v. S3/ms, 162 Mass. 163, 38 N. E. 196; Moulton v. Aldrich, 28 Kan. 300, 309; Meserve v. Lockett, 161 Mass. 332, 37 N. E. 310. more

Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • United States
  • English
  • black & white illustrations
  • 1236830598
  • 9781236830593