Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 138

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 138

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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. 1910 edition. Excerpt: ...Doll, failed to exercise ordinary care for his own safety, and such failure on his part so contributed to bring about his injury that but for such failure he would not have been injured, the law of the case is for the defendant, and you should so find. " (4) I further instruct you, gentlemen, that if you believe from the evidence in this case that the motorman in charge of the car saw, or by the exercise of ordinary care could have seen, that the plaintiff's buggy was upon the track, or was going upon the track in front of his car and was in danger of being struck by the car, and he saw, or by the exercise of ordinary care could have seen, it far enough back of where the buggy was upon the track, or was going upon the track, by the exercise of ordinary care, to have stopped the car or arrested its motion and thereby prevented the car from colliding with the plaintifl"'s buggy and injuring him, then the law of the case is for the plaintiff, and you should so find. " (5) I further instruct you, gentlemen, that if you believe from the evidence in this case that the motorman did have his car under reasonable control, and was running his car at a reasonable rate of speed, and did keep a lookout ahead of him for persons upon the track or so near thereto as to be in danger of being struck by the car, and did sound his gong as a warning to persons upon the track or about to go upon the track, and did exercise ordinary care to prevent colliding with the buggy, and if you further believe that the buggy, under those circumstances, was driven by the plaintiff upon the track so near in front of the car that the motorman by the exercise of ordinary care_ could not stop the car or arrest its motion in time to prevent...show more

Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 1236870638
  • 9781236870636