Washington Reports Volume 100

Washington Reports Volume 100

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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. 1918 edition. Excerpt: ...on the car had of the approaching freight train, which was on a down grade and probably coasting, was when it came around the curve in the Opinion Per CrIADWICK, J. 100 Wash. cut, being then about 375 feet away from the gas car. The engine on the car was not shut down, although a witness says he put his foot on the brake. It does not seem to be contended that deceased was not negligent to the last degree, not only in his conduct, but in his utter disregard of all the rules of the company. This case is brought under the Federal employers' liability act, and the negligence of the deceased is not a defense. His negligence is to be compared with the negligence of the defendant, if the defendant is found to be negligent. The testimony of the plaintiff 's witnesses, as well as the defendant's witnesses, shows that the train was proceeding south at from twenty to twenty-five miles per hour, which was not an excessive rate of speed; that, as the train passed the Factoria crossing, it blew a whistle for the cut; that the distance between the place where the whistle was blown and the point of collision is thirty-two rail lengths, or 960 feet; that, if the gas car was going twelve or fifteen miles an hour--two witnesses say the car and train were going at the'same speed--it must have been at least eighteen car lengths, or 540 feet, south of the point of collision, 'so that, when the whistle was blown, the car and the train were at least 1,500 feet apart. It is in the record that the engineer had orders to whistle around all curves. The issue was, as we have said, whether the warning was given in time so that, if it had been heard--and we charge deceased with the duty of hearing it--he could have stopped his car and found a...show more

Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236807308
  • 9781236807304