Reports of the Cases Decided in the Appellate Court of Indiana Volume 8

Reports of the Cases Decided in the Appellate Court of Indiana Volume 8

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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. 1894 edition. Excerpt: the manner in which the jury found it was made, notwithstanding the notice given them of the presence of the appellee at the car. It is our opinion that the facts found by the jury show culpable negligence on the part of appellant's servants, for which it should respond in damages, unless the appellee was herself in some fault. Nor do we think the finding warrants the conclusion that there was contributory negligence. Certainly it can not be maintained that the appellee was in a place where The Toledo, St. Louis and Kansas City Railroad Company v. Hauck. she had no right to be, or that she was negligent in remaining in ignorance of the movements of the train. She had a right to assume, without notice to the contrary, that she would be permitted to complete the loading of the car without molestation. The car had been placed at her disposal, and she was storing her goods in it at the precise point where she was directed to use it for that purpose by the appellant's agent. There was an implied agreement that the appellant would protect her from all approaching trains, and that she should not be molested or endangered in her person or property by any act of the appellant or its servants. The mere knowledge of the fact tha't a freight train had arrived and passed the box car on the main track was no notice to her that such train would enter the side track and endanger her safety by being pushed violently against the car in which she was lawfully engaged in her work of putting away the goods. She was not bound, under such circumstances, to leave the car and watch the movements of the freight train. The rule of looking and listening has no application to a case where the injured person has been lulled into a feeling more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236828771
  • 9781236828774