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Railroad Reports Volume 18

Railroad Reports Volume 18


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About the Book

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. 1900 edition. Excerpt: ...When cars come to it from another road which have defects visible or discernible by ordinary-examination, it must either remedy such defects or refuse to Eaton 11. New York, etc., R. Co road Co. 21. Mackey, 157 U. S.72, 15 Sup. Ct. 491, 39 L. Ed. 624. This doctrine was accepted by the learned court below but it held that the defendant was exempted from liability because of the following rule prescribing the duty of itsemployees, to which plaintiff was deemed to have assented: "Rule 153. At all stoppings of trains the brakemen or trainmen must inspect the wheels, brakes, and trucks of the car, and report any defects immediately to the conductor." The court reasoned that under this rule the duty of an inspection was devolved upon the trainmen equally with the car inspectors at Buffalo; that the inspectors were fellow servants of the trainmen in the duty of inspection; that the negligence of the former in the discharge of their duty was negligence of fellow servants; and that, if it was negligence on the part of the inspectors not to have discovered the defective character of the brake, similar omission on the part of the plaintiff or the trainmen constituted contributory negligence on the plaintiff's part. There can be no question that, apart from the rule quoted, inspectors are not fellow servants Follow Servant!... zgfiixgggf of the trainmen, so as to relieve a railrord company from liability to the latter for injuries occasioned by the negligence of the former. The duty which the master, as such, owes to his employees, of exercising reasonable care that the appliances furnished them should be safe and suitable, cannot be delegated so as to relieve the master from responsibility: and, so far as it is performed by others, ...


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Product Details
  • ISBN-13: 9781130485523
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 266
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1130485528
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 481 gr


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