Street Railway Law, Vol. 3: A Comprehensive Working Compendium; Important Street Railway Decisions in All Parts of the Country, Covering Practically All New Legal in the Including Promotion, Charter, Construction, Equipment and Maintenance Problems, Gener by J L Rosenberger (Paperback / softback, 2015)
Excerpt from Street Railway Law, Vol. 3: A Comprehensive Working Compendium; Important Street Railway Decisions in All Parts of the Country, Covering Practically All New Legal in the Including Promotion, Charter, Construction, Equipment and Maintenance Problems, General Relations to the Public A Proof of Care on Part of Foot Traveler Required. Mathes v. Lowell, Lawrence & Haverhill Street Railway (Mass.), 59 N. E. Rep. 77. Jan. 4, 1901. A foot traveler whose course is across the tracks of a street railway, the supreme judicial court of Massachusetts holds, must exercise care to avoid being hurt by the cars, and if he is struck by a car and injured or killed, there can be recovery, in a suit against the railway company for damages, unless the plaintiff shows by affirmative evidence that the traveler was in the exercise of due diligence to avoid injury. And, further, when the whole evidence has tendency to show care on the part of the traveler, but, on the contrary, shows that he was careless, it is the duty of the court to direct a verdict for the defendant. Sufficient Diligence to Maintain Track in Safe Condition. Casper v. Dry dock, East Broadway & Battery Railroad Co. (N. Y. Sup.), 67 N. Y. Supp. 805. Dec. 31, 1900. Assuming in this case that there was evidence to go to the jury that at about 12 o'clock in the day a rail had become loosened, so that the plaintiff's foot was caught between the rail and the pavement, and that proof of this fact, unexplained, justified an inference of negligence, the first appellate division of the supreme court of New York holds that this presumption was rebutted, so that it was proper to direct a verdict for the defendant where the evidence showed that employes were constantly inspecting the road, and repairs were promptly made; that several trips had been made over it that day, before the accident, to ascertain if anything was out of order; that at about 11 o'clock an inspector had observed that there were two holes that needed spikes, and had immediately reported same by a te which he sent by a conductor, and that the repair was made shortly after 1 o'clock, or within about an hour after the accident. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art techlogy to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.