Articoli correlati a Report of the Commissioner of Labor made to the General...
Sinossi
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. 1903 Excerpt: ...a section hand in the employment of the above-named company, engaged, at the time of the injury for which he sued, in loading rails upon flat care. The crew of which he was a member was riding on a flat car to the pile of rails to be loaded, and on approaching it either the foreman or the roadmaster ordered the crew to get off. The train was in motion and Sanchez made no attempt to get off. A second peremptory command was given and the crew all jumped, alighting safely with the exception of Sanchez, who fell and was permanently injured by the shattering of the bones of his left knee. It was in evidence that the train was moving from five to seven miles per hour when the orders were given. The plaintiff had seen the foreman jump from a car moving even more rapidly than was the one from which he jumped, and saw the men with him jump in safety at the time of his accident; he himself had never tried to jump from a train in motion, and had never before been ordered to do so. On the question of contributory negligence, Chief Justice James, speaking for the court, said: Certainly, where it was possible with proper care to make the descent in safety, as appears here, and where plaintiff had often seen the foreman jump from cars going faster than this one, and never having had experience himself in jumping from moving trains, a reasonably prudent man, in his circumstances, may have been justified in presuming that he might proceed with safety to obey the command. The question of whether or not such was the case, and whether or not in so doing plaintiff exercised that degree of care which he should have exercised under the circumstances, were questions for the jury. Counsel for the railroad company argued that plaintiff and defendant had equal opportunity to observe ...
Le informazioni nella sezione "Riassunto" possono far riferimento a edizioni diverse di questo titolo.
(nessuna copia disponibile)
Cerca: Inserisci un desiderataNon riesci a trovare il libro che stai cercando? Continueremo a cercarlo per te. Se uno dei nostri librai lo aggiunge ad AbeBooks, ti invieremo una notifica!
Inserisci un desiderata
