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The Texas Reports (Volume 77); Cases Argued and Decided in the Supreme Court of the State of Texas

The Texas Reports (Volume 77); Cases Argued and Decided in the Supreme Court of the State of Texas


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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1890. Not illustrated. Excerpt: ... Under the evidence and finding of the jury it must be conceded that the negligence of appellant contributed to the injury, and if it be conceded that the person who put the turntable in motion was sui juris this would not relieve the appellant from liability though another party might also be liable. If an accident occurs from two causes, both due to negligence of different persons, but together the efficient cause, then all the persons whose acts contribute to the accident are liable for an injury resulting, and the negligence of one furnishes no excuse for the negligence of the other. Markham v. Nav. Co., 73 Texas, 247; Illidge v. Goodwin, 5 C. & P., 190; Webster v. Railway, 38 N. Y., 260; Slater v. Muserean, 64 X. Y., 138; Martin v. Iron Works, 31 Minn., 410; Mill Co. v. Wheeler, 31 Minn., 121; Arimond v. Canal Co., 35 Wis., 45; Eaton v. Railway, 11 Allen, 505; Cool, on Torts, 823; Bish. Non-Con. Law, 518; Shearm. & Redf. on Neg., 35; Whart. on Neg., 144; Thomp. on Neg., 1088. The case of Evansich v. Railway, 61 Texas, 29, is cited for the proposition contended for by appellant and announced in the charge of the court. In that case the evideuce tended to show that the turntable was as well secured as its unfinished condition would permit, and it was held if this was the case that the unfastening and use of it by a person sui juris through which an injury resulted to a third person would relieve the railroad company from liability. This was so because in that case the accident would result not from th.e negligence of the company as a concurring cause, but from the intelligent and independent act of another. If a railway company should leave its turntable unfastened or so slightly fastened that children not sui juris can unfasten'it and use it, then it should b...


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Product Details
  • ISBN-13: 9781153889247
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 346
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1153889242
  • Publisher Date: 10 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 671 gr


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