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2 Years Transportation Progress Volume 30

2 Years Transportation Progress Volume 30


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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. 1894 edition. Excerpt: ... ehe fell, as she did in this case. Moebus v. Herrmann, 108 N. Y. 349, 15 N. E. 415; Huerzeler v. Railroad Co., 139 N. Y. 490, 34 N. E. 1101. That the motorman did not pursue this course is plainly shown by the testimony that the car went about 40 feet, after striking the child, before it stopped. While the evidence on the part of the defendant contradicted that on behalf of the plaintiff in many particulars, yet we think that the testimony of the motorman of the car confirmed the claim of the plaintiff as to the negligence of the defendant. This motorman testified that he saw the child when she first started from the west side to cross Third avenue; that his car was then between the northerly and southerly crosswalks of Sixteenth street; and although he claimed that he was only going at the rate of 6 miles an hour, and that the child fell about 4 feet in front of his car, yet he also testified that his car might have moved 30 feet, after striking the child, before stopping, although there was a slight up grade there. A portion of his testimony is as follows: "Q. And you saw the child all the time? A. I seen her when 6he started; yes. Q. And you saw her when she fell? A. I see her when she fell. Q. Wasn't your eye on her all the time from the time she started from the mud gutter until she fell across the track? A. Yes. I rung the gong, and. I thought she would stop." In the face of such testimony, it is difficult to conceive how the appellant can seriously urge that such a case was presented as made it the duty of the learned trial judge to dismiss the complaint. The learned counsel for the appellant contends that the cases of Penton v. Railroad Co., 126 N. Y. 625, 26 N. E. 967, and of Dorman v. Railroad Co., 117 N. Y. 655, 23 N. E. 162, ...


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Product Details
  • ISBN-13: 9781234972912
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 630
  • Spine Width: 32 mm
  • Width: 189 mm
  • ISBN-10: 1234972913
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1107 gr


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