Read online or download a free book: American Negligence Reports, Current Series: All The Current Negligence Cases Decided In The Federal Courts Of The United States, The Courts Of Last ... And Selections From The Intermediate Volume 5
Publisher: Rarebooksclub.com (13 Sept. 2013)
By: John Milton Gardner (Author)
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...rule there declared. That was the case of a defective ladder in the hatch of a vessel. The plaintiff after safely using the ladder all the forenoon was hurt in the afternoon by a fall resulting from the breaking of a strip which had been insecurely nailed across the side bars of the ladder. He sued the owner of the vessel and was nonsuited because it was not directly shown that the defendant had provided the ladder for its workmen. The court unanimously set the judgment of nonsuit aside, with these words: ' We think that the evidence established necessity for a ladder in the prosecution of the defendant's work, and the possession and control of the ladder referred to by the defendant, in a position where it could be and was used by the defendant's workmen, and hence made 1-1'//iafacz'e proof that the ladder was provided for the use of its workmen by the defendant.' The instruction under review harmonizes with this decision. It substantially told the jury that the history of the ladder and the uses to which it had been put were evidence upon the question whether the defendant furnished it. There is nothing in the case of Maher 21. Thropp, to contradict this instruction, which is, indeed, only an application of the familiar rule of law and good sense that every person is chargeable with the inferences naturally arising from his own conduct. I am authorized to say that DIXON, LIPPINCOTT, LUDLOW, BOGERT, and HENDRICKSON, _I_., concur in this opinion. CUMMING V. T. A. GILLESPIE COMPANY. Court of Errors and Appeals, Nero jersey, November, 1896'. HIGHWAY---BICYCLIST RIDING INTO TRENCH GUARDED BY RED LIGHTS.--1. The questions of reasonable care on the part of the defendant, and that of contributory negligence on the part of...
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