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The Lawyers Reports Annotated Volume 7

The Lawyers Reports Annotated Volume 7


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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: ...railroad, namely, the running department of the company for his division; and, second, (because the work which he is called upon to do is in the discharge of a positive duty owed by the company to its emplovees." After its decision in the Camp Case, the circuit court of appeals for the sixth circuit again passed upon the question in Felton v. Harbeson, 44 C. C. A. 188, 104 Fed. 737, and reached the same conclusion. In this case no statutory question was involved, and the decision was squarely on the common law, and the court contented itself with the mere statement of its holding, and cited its prior decision as an authority. The question was next passed upon by District Judge Newman, in the northern district of Georgia, in Clyde v. Richmond & D. R. Co. 69 Fed. 673, who reached the same conclusion as that arrived at in the Camp Case, which he cited. Here the train despatcher was in complete control of the trains, and knew their location. In the eighth circuit the court of appeals held, in Missouri, K. & T. R. Co.. Elliott. 42 C. C. A. 188, 102 Fed. 96, that the train despatcher is not a fellow servant of the trainmen, saying that this rule is now as firmly settled as any rule of law can be by judicial decisions. A railroad track is of no use to its owner or the public unless cars are run upon it. The railroad is built for that purpose. It is the movement of the trains upon the track that constitutes it a railroad. That is the consummation of the whole business. Trains will not move of their own volition. They have to be set in motion and kept moving by orders from some source. The conductors and engineers on the different trains have no authority over each other. They are required to obey orders for the movement of their...


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Product Details
  • ISBN-13: 9781130127355
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 1076
  • Spine Width: 54 mm
  • Width: 189 mm
  • ISBN-10: 1130127354
  • Publisher Date: 13 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1878 gr


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