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...
|Country of origin:
West Publishing Company
||246 x 189 x 59mm (L x W x T)
||Paperback - Trade
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