Street Railway Reports Annotated; (Cited St. Ry. Rep.) Reporting the Electric Railway and Street Railway Decisions of the Federal and State Courts in the United States Volume 7

Street Railway Reports Annotated; (Cited St. Ry. Rep.) Reporting the Electric Railway and Street Railway Decisions of the Federal and State Courts in the United States Volume 7

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...car tracks in the street, and the horse and buggy were being driven in the right-hand track. The plaintiffs became aware of a car coming up behind them, and were in the act of turning out when struck, the buggy being wrecked, and Mrs. Ball more or less injured. The husband and wife both testified that they heard no bell nor any sound of the car. They did not claim to have looked back to soe if a car was coming, but both said that its approach was manifested by their seeing the light from the headlight of the car shining under the feet of the horse. Ball immediately pulled his horse to the right, but did not clear the track in time to avoid the car. A motion was made to nonsuit, which was denied. The court says: "We think there was a clear case for the jury on this point. The circumstances, which the jury were entitled to find as facts, that a trolley car driven at high speed on a dark night ran into the rear of a wagon in front of it, and traveling in the same direction, without any warning, and when the car had a headlight bright enough to show by its very reflection on the ground the approach of the car to those in the wagon, and therefore manifestly bright enough to make the wagon plainly visible to an ordinarily watchful motorman, seem to us quite sufficient to justify the jury in concluding that the motorman was not properly attending to his duties, and the court would have been in error to remove such a question from their consideration. The contributory negligence of the plaintiff was also a jury question. It is intimated by plaintiff in error that Ball was guilty of negligence in law by driving on the car track and not keeping a vigilant lookout to his rear; but he was entitled to drive on any part of the roadway, having due regard...show more

Product details

  • Paperback | 444 pages
  • 189 x 246 x 23mm | 789g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236649893
  • 9781236649898