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The Northeastern Reporter Volume 65

The Northeastern Reporter Volume 65


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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. 1903 edition. Excerpt: ...ordered to work under circumstances involving a risk not contemplated! by his employment. He received no warning from the master of increased danger. The descending grade and the general conditions existing were open to observation. To make the place safe, it was necessary that the wheels of the cars be blocked. Whether this had been done, or not, was not a fact necessarily within the equal knowledge of the decedent and his employer. Coal Co. v. Hoodlet, 129 Ind. 327, 337, 27 N. E. 741. The question is not one as to the negligent use of appliances. The stone company put its men at work scabbling stone upon a platform. It was under obligation, therefore, to make the platform reasonably safe for that use. The freight car was not an appliance of the stone business. It was used as a platform or place upon which to work. The duty of the master with regard to it was no different from what it would have been had the platform not been upon wheels at all. The only difference was in the measures necessary to make the placereasonably safe. Counsel for the stone company argue that the decedent's death was not the result of any act or omission on its part, but that the railway company, an independent intervening agency, put the cars in motion by attempting to couple to them additional cars, and thereby became the responsible cause of the accident The doctrine of proximate cause is not in itself involved in obscurity. "The rule is that what is the proximate cause of an injury Is ordinarily a question for the jury. It Is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it." Railroad Co. v. Kellogg, 94 U. S. 469, 24 L. Ed. 25G; Railroad Co. v. Fenn, 3 Ind. App....


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Product Details
  • ISBN-13: 9781154980455
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 1148
  • Spine Width: 57 mm
  • Width: 189 mm
  • ISBN-10: 1154980456
  • Publisher Date: 13 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 2000 gr


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