The Railroads And the Courts
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In our eReader you can find the full English version of the book. Read The Railroads And the Courts Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Railroads And the Courts
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& Q. E. R. Co. v. Van Patten, 74 111. 94, Mr.
Justice Scholfield, in delivering the opinion of the court, among other things, says : " The only question, then, was, whether the defendant was guilty of a degree of negligence in comparison with which this negligence of the intestate was slight. This was to he deter- mined from the evidence alone. There was no room to indulge in presumptions of what the intestate did or did not do, for his acts were clearly and fully in proof before the jury. Neve...rthe- less, the court, by the fifth instruction given at the instance of the plaintiff, told the jury : " ' The law presumes the deceased, in approaching the mill crossing, exercised proper care and prudence, and unless the jury believe, from the evidence, that the deceased did not exer- cise care and prudence in approaching said crossing, he cannot be regarded as guilty of negligence.' '• It may be, if there had been simply evidence of the de- fendant's negligence resulting in the injury complained of, and no evidence of what the intestate's conduct was, this instruction would have been unobjectionable.
What to read after The Railroads And the Courts?
You can find similar books in the "Read Also" column, or choose other free books by Hiram T Hiram Thornton Gilbert to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
& Q. E. R. Co. v. Van Patten, 74 111. 94, Mr.
Justice Scholfield, in delivering the opinion of the court, among other things, says : " The only question, then, was, whether the defendant was guilty of a degree of negligence in comparison with which this negligence of the intestate was slight. This was to he deter- mined from the evidence alone. There was no room to indulge in presumptions of what the intestate did or did not do, for his acts were clearly and fully in proof before the jury. Neve...rthe- less, the court, by the fifth instruction given at the instance of the plaintiff, told the jury : " ' The law presumes the deceased, in approaching the mill crossing, exercised proper care and prudence, and unless the jury believe, from the evidence, that the deceased did not exer- cise care and prudence in approaching said crossing, he cannot be regarded as guilty of negligence.' '• It may be, if there had been simply evidence of the de- fendant's negligence resulting in the injury complained of, and no evidence of what the intestate's conduct was, this instruction would have been unobjectionable.
What to read after The Railroads And the Courts?
You can find similar books in the "Read Also" column, or choose other free books by Hiram T Hiram Thornton Gilbert to read onlineMoreLess
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