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. 1907 edition. Excerpt: ...and one voluntarily there
assumes the risk. For the exigency which determines him to take the
risk rather than delay for another car, the company is not
responsible. In this case the plaintifi', with a courtesy
altogether commendable, surrendered his place within the car to a
lady who, but for his action, would have been excluded. Having once
yielded his place in the car, he was put to his choice whether to
ride on the platform or take a later car, just as the 1907. Opinion
of the Court. person he accommodated would have been obliged to do
had he not surrendered his advantage to her. The legal consequence
of his choice was that he forfeited the advantage of the
presumption, which the law raises in favor of one injured while
riding in the car, that the accident resulted from the negligence
of the company. His riding on the platform would not excuse
negligence on the part of the company in exposing him to known and
avoidable danger; but it put upon him the burden of showing that
his injuries resulted from negligence of this degree. There was
nothing in the evidence to support any such contention. From all
that appears, it was an accident which even more than the care
required under the circumstances to exculpate the defendant would
not have avoided. Judgment alfirmed. p Tanner's Estate. Guardian
and ward--Sale by guardian--Setting aside sale--Purchase by
guardian. The fact that a sale of a minor's interest in land is
made by the guardian for the purpose of securing for himself and
others the title thereto, is sufficient ground for setting aside
the sale without proof of actual fraud or inadequacy of price. That
the intent was honest and a full consideration was paid does not
prevent the application of the rule that a person...
|Country of origin:
||246 x 189 x 14mm (L x W x T)
||Paperback - Trade
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