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The Pacific Reporter Volume 158 (Paperback) Loot Price: R633
Discovery Miles 6 330
The Pacific Reporter Volume 158 (Paperback): West Publishing Company

The Pacific Reporter Volume 158 (Paperback)

West Publishing Company

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Loot Price R633 Discovery Miles 6 330 | Repayment Terms: R58 pm x 12*

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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. 1916 Excerpt: ...charge thereof, to blow off the steam as alleged, and if you further find that such blowing of steam was calculated to frighten the mule in question, and thereby cause injuries, as it is alleged the mule was injured, then I charge you that such unnecessary acts on the part of the trainsmen constitute gross negligence on their part, and that in that event the railway company would be liable to damages." The verdict cannot be sustained upon these instructions. It is true that we will consider instructions as a whole, but where the different Instructions are so conflicting that it cannot be determined upon what basis the verdict of the Jury was rendered, the cause must be reversed. Analyzing the instructions, it will be seen that in instruction 4 the court charged the Jury in effect that if the blowing of the steam were unnecessary, negligent, or wanton, and the animal was thereby killed, the company was liable. In instruction 5 the court again instructed the Jury that if the blowing of the steam were unnecessary or negligent, "although without any specific intent to frighten the mule," or if done "wantonly, with the intent or desire of frightening said mule," the defendant was liable. In instruction C, however, the jury were instructed that if the steam were blown off unnecessarily, they must still find that "it was blown intentionally, with the intent of frightening said mule," before they could find the plaintiff. In instruction 7 the court leaves out the element of negligence or wantonness, and instructs the jury that if the blowing off of the steam were unnecessary, the plaintiff could recover, provided "such blowing of steam was calculated to frighten the mule in question." The instructions are bad for several...


Imprint: Rarebooksclub.com
Country of origin: United States
Release date: May 2014
First published: May 2014
Authors: West Publishing Company
Dimensions: 246 x 189 x 59mm (L x W x T)
Format: Paperback - Trade
Pages: 1182
ISBN-13: 978-1-236-14435-5
Categories: Books
LSN: 1-236-14435-X
Barcode: 9781236144355

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