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A Digest of Railway Decisions Volume 2; Comprising All Reported American Cases in Which a Railway Company Is a Party, and All Other Cases in Which Railway Law Is Determined

A Digest of Railway Decisions Volume 2; Comprising All Reported American Cases in Which a Railway Company Is a Party, and All Other Cases in Which Railway Law Is Determined


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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. 1884 Excerpt: ... that he is presumed to have waived the defect. It is his knowledge, and not his means of knowledge, that affects his right to recover. Muldowney v. Illinois Central Ry Co., 861a., 462. 1873. 288.--In an action by an employe for personal injuries caused by defective track, an instruction declaring defendants exempt from liability, notwithstanding its unsafe condition, if plaintiff knew, or could, by the exercise of ordinary diligence, have known, of the state of the track, is properly refused. It is not the business of the servant whether the machinery and structure of the road are defective, but the duty of the company is to keep them in a safe condition, and is responsible for injuries resulting from such defects. Porter v. Hannibal and St. Joseph R'. R. Co., 60 Mo., 160. 1875. 289.--In an action against a railway company under 1816, R. S., for injuries to an employe, where the whole evidence shows that the sole cause of the injuries was the use of one bolt of insufficient length in fastening a slat of the ladder of a freight car, together with the somewhat decayed condition of the wood at the place of such bolt, and that there was no external indication of these defects. and the person injured had been frequently in charge of the sams car and in the habit of using the same ladder, there was no error in directing a non-suit Ballou v. Chicago, Milwaukee and St. Paul R'y Co., 54 Wis., 257, 1882; 5 Amer. & Eng. R. R. Cases, 480. 2i)f).--If a servant remains in his master's employment with knowledge of defects in machinery which he is obliged to deal with in the course of his regular employment, he aasumes the risks attendant upon the use of the machinery unless he has notified the master of the defects so that they may be remedied within a reasona...


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Product Details
  • ISBN-13: 9781130253207
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 876
  • Spine Width: 44 mm
  • Width: 189 mm
  • ISBN-10: 1130253201
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1533 gr


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A Digest of Railway Decisions Volume 2; Comprising All Reported American Cases in Which a Railway Company Is a Party, and All Other Cases in Which Railway Law Is Determined
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