A Treatise on the Law of Railroads

A Treatise on the Law of Railroads

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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. 1907 edition. Excerpt: ...But in most of the cases in which such a broad statement of the rule was made it was unnecessary to state it in such general terms and the facts were such as to show that the injury could not well have becfl inflicted but for the negligence of the company, or the like. We think it clear that if the plaintiff, by his own evidence, shows that the accident was caused, or probably caused, by the act of God, or some other unavoidable cause, not within the control of the company, t_he burden is not cast upon it although the plaintifi may have been H1jured while a passengeron its train?" So, where a missile came through the window and struck a passenger, and there was no showing as to where it came from, it was held that there was no p1'@S11mP' tion of negligence on the part of the conipanyf" In another case the injury was caused by a rock becoming detached from a hillside above and beyond the railroad cut and falling upon the train, and ll'. was held that there was no presumption of negligence on the part plaintiff." Again, suppose the plaintiff merely shows that he had his arm broken while a passenger on the defendant's train, and then rests his ease. This might have happened entirely because of his own fault, or that of some one outside of the car and not under the control of the company, or it might have been caused by the negligence of the company?" showing any collision, derailmen certainly raises no presumption 0 Mere proof of the injury without t, or other cause or circumstances f negligence on the part of the com pany. "If the witness who swears to the injury testifies also that it was caused by a crash in a collision with another train of cars belonging to the same carrier, ..".show more

Product details

  • Paperback | 332 pages
  • 189 x 246 x 18mm | 594g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123694707X
  • 9781236947079