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. 1885 Excerpt: ... the plaintiff showed that two and one-quartet inches was all which was required for that purpose, and hence the space was one inch wider than it should have been; and this caused the horse's hoof to get into the olien space and to be caught by the toe-calk under the rail. It also appeared from plaintiff's evidence ...
Read More
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. 1885 Excerpt: ... the plaintiff showed that two and one-quartet inches was all which was required for that purpose, and hence the space was one inch wider than it should have been; and this caused the horse's hoof to get into the olien space and to be caught by the toe-calk under the rail. It also appeared from plaintiff's evidence that the plauk was from one-quarter to three-eighths of an inch higher than the top of the rail. The court at trial nonsuited plaintiff on the ground that there was no evidence of negligence on the part of defendant in constructing the crossing. It was held error. The case is within the rule that it is a matter of right in the plaintiff to have the issue of negligence submitted to the jury when it depends upon conflicting evidence or on inferences to be drawn from circumstances in regard to which there is reason for a difference of opinion among intelligent men. Wolfkiel v. Sixth Ave. It. R. Co., 88 N. Y. 49; Weber v. N. Y. Central, &c. R. R Co., 58 id. 451; Hart v. Hudson River R. R. Co., 80 id. 622; Payne r. Troy & Boston R. R. Co., 83 N. Y. 572. to say it was an absolute and positive test, but there is no excuse for not adopting it, if it can be reasonably expected to produce a satisfactory result. This was the universal process adopted by this gentleman at a considerable cost and expense. He is asked this question: 'Have you found any returned to you after being passed by you as complete?' 'We guaranteed all the wheels we made for twelve months, and having turned out 20,000 wheels lor several years, I think the whole amount of our guarantee has been twentyfour.' Now, the wheel in question had been reduced a considerable size; it was reduced to a small thinness; it was blocked and returned, and if this process had been adopted, not to ...
Read Less
Add this copy of A Treatise On the Law of Railroads; Volume 2 to cart. $28.30, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2022 by Legare Street Press.
Add this copy of A Treatise On the Law of Railroads; Volume 2 to cart. $38.60, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2022 by Legare Street Press.