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Home > Art, Film & Photography > Street Railway Reports Annotated Volume 6; (Cited St. Ry. Rep.) Reporting the Electric Railway and Street Railway Decisions of the Federal and State Courts in the United States
Street Railway Reports Annotated Volume 6; (Cited St. Ry. Rep.) Reporting the Electric Railway and Street Railway Decisions of the Federal and State Courts in the United States

Street Railway Reports Annotated Volume 6; (Cited St. Ry. Rep.) Reporting the Electric Railway and Street Railway Decisions of the Federal and State Courts in the United States


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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. 1910 Excerpt: ...injury occurred was in a block thickly populated. A witness stated that the night was very dark, that it was snowing, raining and sleeting very fast, and that: "It was an awful bad night. You could hardly stay out in it." The cause was submitted to a jury onthe theory that if the defendant was negligent in failing to give proper warning to persons of the approach of its car, or in the speed with which it was operated, the defendant was liable, unless the jury should find that plaintiff was herself guilty of contributory negligence. The finding and judgment were for plaintiff, and defendant appealed. At the close of plaintiff's evidence and at the close of all the evidence, the defendant asked the court to instruct in its favor, which the court refused. In McGaulcy v. St. Louis Transit Co., 179 Mo. 583, 79 S. W. 461, it is held that a motorman "is not required to sound a gong as a warning to a wagon on the track which the operators do not see, in the suburbs of a city where there are no street crossings." It does not appear that there were any unusual conditions existing in that case, such as the habitual use of the defendant's tracks by the public on account of the bad condition of the street, and that the wagon was struck in a thickly settled part of the city where there were street crossings, or that the car was operated at a dangerous rate of speed under the circumstances. It is conceded law that a traveler is not a trespasser while on a street car track, but that he must exercise care commensurate with the danger of his position, or he will be chargeable with contributory negligence. If he can by looking see the approach of a car, and fails to look, and is struck, he is not entitled to recover for any injury he may sustain thereby. M...


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Product Details
  • ISBN-13: 9781236291172
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 456
  • Spine Width: 23 mm
  • Width: 189 mm
  • ISBN-10: 1236291174
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 807 gr


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Street Railway Reports Annotated Volume 6; (Cited St. Ry. Rep.) Reporting the Electric Railway and Street Railway Decisions of the Federal and State Courts in the United States
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