Texas Reports Volume 107

Texas Reports Volume 107

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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. 1917 edition. Excerpt: ...for supposing that the bridge was high enough, ----fllat the clear space under it was suificient, ---and so supposing, according to his uncontradicted testimony, and having no information to the contrary, I am not prepared to say, and I do not believe that, necessarily, or, as a matter of law, it was incumbent upon him to make 8 closer inspection of the premises before riding under the bridge, and that in essaying to ride under it when and as he did he did so at hiS peril, and that all reasonable minds must agree that in so doing he was guilty of negligence which contributed to his injury. Referring to the bridge and plaintifi, said opinion says: _ "With it as low and his head as, high as the testimony establishes. in an attempt to ride under it, a collision, without efiort on his part to avoid it was inevitable, as in fact occurred." That is true, as has now beendemonstrated bv plaintitt's attemljt to nde under the bridge; but it must be remembered that when plaintiff made that attempt it was not then a demonstrated fact. present in his mmd, as it is now a demonstrated fact upon the record before us, but I on the contrary, the uncontradicted evidence as I view it is that plaintiff was not then in possession of that knowledge, which the majority of this court have thus brought to bear in support of their conclusion that it was negligence, as a matter of law, upon plaintiff's part, for him to ride under the bridge without stooping or leaning over enough to avoid striking it. Said opinion also declares that "it was bound to have been manifest to him when he actually got to the bridge... that if he kept on in that position his head would strike it," and the predicate or reason assigned therein for that...show more

Product details

  • Paperback | 394 pages
  • 189 x 246 x 21mm | 703g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236967178
  • 9781236967176