Special Bulletin Volume 50-53 (Paperback)

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. 1913 Excerpt: ...inherent in his position us engineer, from those relevant facts which are of common or universal knowledge and of which the courts may tuke judicial notice. A locomotive engineer upon a passenger train is obligated, in his relation to the passengers, to use the highest degree of care and vigilance in discovering, and avoiding accidents from, any defects or irregularities in or obstructions upon the tracks, switches, sidings, or their borders, in maintaining the engine, in all of its parts, in a sound and efficient condition, in receiving and complying with all signals and in operating and controlling the movements of the engine without injury to them. Universal thought and common experience attribute those duties to the employment. They require an alert and assiduous watchfulness of and absorption in the machinery of the engine and in all that is ahead. The performance of those duties does not require, and may be inconsistent with, any responsibility for the safe and harmless condition of the tender or that part of the train behind the engine. The evidence did not present to the jury any proof or fact warranting a finding that the engineer knew or ought to have known that the coal was in danger of falling upon the plaintiff, and the trial justice should have granted the defendant's motion for a nonsuit. I'rcss v. Erie Railroad Vompany, 204 N. Y. 324. Engineer is Vice-Principal--Misrepresentation of Age of Employee.--Plaintiff's intestate, a locomotive fireman in the employ of defendant, was killed by the explosion of the locomotive boiler. The admitted facts were that the explosion was caused by the failure of the engineer to operate the injector, which allowed the water in the boiler to become too low. No cars wrere attached to the engine at the time and, ...