The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 133

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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. 1912 edition. Excerpt: ... of action were heard together) from two judgments of the court of error and appeal in Upper Canada, aflirming two previous judgments of the Court of Common Pleas for Upper Canada, in actions brought by the respondents severally against t-he appellants, to recover compensation for loss sustained by the deaths of Alexander Braid and Thomas Fawcett, who were both killed on the 19th of March, 1859, whilst travelling on the Great Western Railway of Canada, in consequence, as alleged, of the want of care and skill of the Company in the construction of their railway, and in repairing and maintaining the same. The first action was brought by Margaret McKay Braid, the widow and administratrix of the deceased, Alexander Braid, for the benefit of herself and children, the damages being laid at 5,0001. The other action was brought by Michael Fawcett and Jane Fawcett as executor and executrix for the benefit of Jane Fawcett, the widow and children of the deceased, Thomas Fawcett, the damages being laid at 10,0001. The defence in the first action was, that there was no such want of care or skill on the part of the appellants as alleged; and that the deceased, Alexander Braid, was travelling on the railway gratuitously; or else that he was wrongfully travelling on the terms of a free-pass ticket, which though expired he used for the purpose of avoiding payment of the railway fare, and by the terms of which he took upon himself all risk of accidents. The defence in the second action, brought by the Fawcetts, was that there was no breach of duty, or want of skill or care, on the part of the appellants, as alleged. Both actions were tried by special juries before Sir John Beverly Robinson, the Chief Justice of Upper Canada, at Toronto. It was admitted at...show more

Product details

  • Paperback | 416 pages
  • 189 x 246 x 22mm | 739g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236755553
  • 9781236755551