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 10

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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. 1893 edition. Excerpt: ...by any accident whatever, other than accidents occurring to persons travelling by railways "(1). Therefore the insurance comprises two classes, viz. injuries caused by railway travelling, and injuries arising from any other cause. But if (as the argument for the defendants would imply) it is only a particular description of railway accidents against which the Company insure, then there is a class of accidents happening from travelling by railway which are not insurable, notwithstanding the Legislature has enabled the Company to insure against all accidents, whether by railway or otherwise. (PoLLocK, C. B.: Suppose a person suddenly rose from his seat, and struck his head with great violence against the top of the carriage, so as to cause a contusion of the brain, would that be a railway accident 'P PARKE, B.: Or suppose a person on getting out, not observing that the window was closed, pushed his head through the glass?) Such cases would not be railway accidents, for they are not accidents peculiar to railway travelling; but a passenger, at the termination of his journey, must necessarily step from the carriage on to the platform. The word " railway " is an adjunctive, which describes the quality of the accident. (Annsasou, B.: The difiiculty arises from using in the contract the term "railway accident," instead of following the language of Tnr.o_s.u.n the Act of Parliament. According to the true construction of the RAI1L'wAY 3rd section, the insurance is against accidents to persons when IZ's: %%'1';_"g;s travelling by railway, and accidents not arising from railway travel-0ling. Then the question is, whether a person is "travelling by (1) Sections 4, 12, 13, 14, 15, and 35 of the...
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Product details

  • Paperback | 386 pages
  • 189 x 246 x 20mm | 685g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236855361
  • 9781236855367