The American And English Railroad Cases Volume 59; A Collection Of All Cases In The Courts Of Last Resort In America And England [1879?-1895].

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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. 1895 Excerpt: ... this instance a stick could not be used to uncouple the cars, and it was held that as the use of a stick would have been ineffectual, plaintiff was not guilty of negligence, but that the neg...

Paperback: 350 pages
Publisher: (May 15, 2012)
Language: English
ISBN-10: 1235927121
ISBN-13: 978-1235927126
Product Dimensions: 7.4 x 0.7 x 9.7 inches
Format: PDF ePub Text djvu book

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of the signalling brakeman was the proximate cause of the injury. Evidence as to Failure of Engineer to Obey Signal--Cross Exam ination.--In Hall 0. Chicago, R. I. & P. Co., 84 Iowa, 311, which was an action by a railroad employ5 to recover for personal njuries sustained in coupling cars, it was held that plaintiff, having testi,ed on direct examination that the engineer obeyed his signal; that he thought the cars had stopped; he might properly be asked on his cross examination if he did not swear in the petition, and if it was not true that the engineer did not stop. Impeaching Testimony as to Signals--Admissibility of Statements Contrary to Tetimony,--In Hall v. Chicago, R. I. & P. Co.. 84 Iowa, 811, which was an action by a brakeman for personal injuries caused by backing cars upon an employ engaged in making a coupling, a witness testified that plaintiff went in between the cars without giving a signal, and it was held that while the witness might be asked if he had not made statements eontrary to his testimony, yet such statements were not admissible in evidence. Right of Conductor to Assume that Brakeman has Obeyed Orders--In Hudson v. Charleston, C. & G. R. Co. (U. S. Cir. Ct. W. D. N. Car., March 4, 1893), 55 Fed. Rep. 248, which was an action by a brakeman to recover for injuries alleged to have been caused by reason of a defective engine, it appeared that the conductor of a train had ordered the plaintiff to open the switch, cut off a car from the train, and place it on a siding, and it was held that the conductor in supervising his tra...