Buy The Victorian Reports Volume 2; V. 1-3 1870-73 by Victoria Supreme Court
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The Victorian Reports Volume 2; V. 1-3 1870-73

The Victorian Reports Volume 2; V. 1-3 1870-73


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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. 1876 Excerpt: ...ou the train, the collision could not have taken place. There must either have been insufficient arrangements, or those arrangements were not properly carried out in consequence in some degree of the inadequacy of the machinery supplied. We do not say this inadequacy was cavsa causans the collision, but we think it formed an element so far contributory to it as to afford some evidence to go to the jury of negligence on the part of the Defendants. The competency of the servants, we may observe, though alluded to at the trial, was not questioned during the argument of the rule. It may, therefore, we take it, be assumed. The other question remains of whether material aggravation of the injury afforded evidence of actionable negligence against the Defendants. The Plaintiff relied on the case of Stokes v. The Eastern Railway Company (a). The finding of the jury rendered it unnecessary to question the correctness of the charge of the Lord Chief Justice in that case. It cannot, therefore, be regarded as a conclusive authority; but it is evident from the questions submitted to the jury that the very learned judge supposed that a material aggravation caused by the absence or omission to use break-power, though it might not have prevented, yet. may have so contributed to the injury as to have rendered the defendants in that case liable. The present Defendants urge that as the accident would have occurred whatever the condition of the engine "Hawthorn" might have been, the aggravation of the injury affords no grounds on which the Plaintiff can retain his verdict; but if this con. tention is correct the accident might have been atteuded with little or no injury had the train moved on, and yet the Defendants, whose admitted negligence may have been the cause o...


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Product Details
  • ISBN-13: 9781130776423
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 250
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1130776425
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 454 gr


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