Western Weekly Reports Volume 2 by Anonymous - Bookswagon
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Western Weekly Reports Volume 2

Western Weekly Reports Volume 2


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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. 1919 edition. Excerpt: ...I think it must have failed him a little before that, if he was at the point he said he was when he looked up the street, namely, the curbed line of Commercial Drive, then he must have seen the car. That is the point where_the ladies say they saw him and he must have seen the car. The car had just then passed 13th Avenue, and they felt that there must be a collision. Now if he did not look he was unquestionably guilty of contributory negligence, and, being guilty of contributory negligence, cannot recover. I am inclined to think that he did not look. If he did look then he must certainly have seen the car if the evidence of the two ladies is to be believed, and then he had no right to proceed at io miles an hour and cross the track. In either case lie is guilty of contributory negligence and therefore is not entitled to judgment. There will be judgment for the defendant. I may say that I regret it very much, but I cannot help it. LV0l. 2 WESTERN WEEKLY REPORTS 515 The learned counsel for the defendant (respondent) in moving at the close of the case for the plaintiff for a non-suit, or that the action should be dismissed, said: For the pur-pose of my argument I admit the negligence. I say he had no business in running in front of a street-car going at 35 miles an hour. Unquestionably the tram-car was travelling at a high speed, but all the greater reason for the plaintiff to refrain from any attempt to cross the track under the circum-stances--either known to him or which ought reasonably to have been known to him. It would appear upon all the facts that the plaintiff accepted or took upon himself the risk to cross in front of the tram-car and the inevitable happening was the result. The automobile was struck by the tram-car...


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Product Details
  • ISBN-13: 9781230007021
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 446
  • Spine Width: 23 mm
  • Width: 189 mm
  • ISBN-10: 1230007024
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 789 gr


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