The American and English Railroad Cases (Volume 12); A Collection of All Cases in the Courts of Last Resort in America and England [1879?-1895]. (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1884. Not illustrated. Excerpt: ... the jury the question whether "the defendant had omitted the doing of any thing which it ought reasonably to have done to prevent the casualty." Held, no error; that having ordered " 337" to travel on the time of " 50," defendant was bound to exercise every reasonable precaution that the latter should not leave Cayuga before the arrival of the former; and that its failure to communicate directly with the conductor and engineer of "50" presented a question for the jury. Slater e. Jewett (85 N. Y. '61; 39 Am. Rep. 627), distinguished. Appeal from order of the General Term of the Supreme Conrt, in the fourth judicial department, made October 28, 1881, which set aside a verdict in favor of plaintiff and ordered a new trial. This action was originally brought by Dennis Shehan, the present plaintiff's intestate, to recover damages for injuries received by him in a collision of two trains on the Auburn branch of defendant's road. During the pendency of the appeal to this court Sheehan died, and the present plaintiff was substituted. The material facts are stated in the opinion. William S. Oliver for appellant. It is not indispensable that the particular circumstances relied upon to prove a fact should be contradicted in order to dispute the fact itself. If other facts appear in the case in antagonism with the alleged fact, it is the province of the jury to determine whether the fact is proved.--Hazman v. Land Co., 50 N. Y. 53; Bevier v. D. & H. C. Co., 13 Hun, 257. The facts proved entitled plaintiff to recover. McLallen v. R. E. C, 84 111. 109; R. R. Co. v. Henderson, 37 Ohio St. 549; 67 Penn. St. 314; Greenleaf v. R. R. Co., 39 Iowa, 47; Keegan v. Kavanaugh. 62 Mo. 230; 74 Penn St. 223; 61 Id. 58; Patterson v. R. R. Co., 76 Id. 389; Clarke v. Holmes, 7 Hurlst. -...