The American And English Railroad Cases Vol 21

Author : Jas; M. Kerr
Publisher : Forgotten Books
ISBN 13 : 9781333081881
Total Pages : 796 pages
Book Rating : 4.0/5 (818 download)

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Download or read book The American and English Railroad Cases, Vol. 34 written by Jas; M. Kerr and published by Forgotten Books. This book was released on 2016-08-01 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The American and English Railroad Cases, Vol. 34: A Collection of All Railroad Cases in the Courts of Last Resort in America and England Though such force was used without an intention on the part of the conductor, or those assisting im, to commit in jury. The first clauses of the twentieth instruction per mitted Gants to recover for the personal injuries in icted upon him, and the suffering under one by him in consequence 0 his injuries, although a part 0 the injuries may have been occasioned in overcoming his own unlawful resistance. In Galbraith 12. Fleming 27 N. W. Rep. 581, the court said: The law does not put a premium upon fighting, and one who voluntarily enters into a quarrel wi 1 not be afforded relief for his own wrong in damages if he comes out second best. While the voluntary act on the part of the plaintiff would not preclude the state from punishing him, or the de fendant for a breach of the peace, it nevertheless prevents him from bringin a civil action to recover compensation_ for injuries received %y his own seeking, and in violation of law. In Taylor v. Clendening, 4 Kan. 524, it was held that where a person, who was the original aggressor in an af fray, met with too vigorous a de ence, and sued for dam ages on account of the injuries, he could not recover of his intended victim. It has been decided by this court, time and again, that whenever it appears that the plaintiff's negli gence or wrongful act had a material effect in producing the injury, or substantially contributed towardi he is not entitled to recover; and further, that if the plainti is first in fault in infringing upon a defendant's ri hts, the defendant is absolved from all but slight care, and is gable only for gross or wanton negligence. Railway Co. 72. Rollins, 5 Kan. I67; Railway Co. V. Pointer, 14 Kan. 37. In the latter case it was said by Brewer, J.: Many considerations, especially-the difficulty of correctly a portioning the damages, and determining to what extent t e wrong of the res ective parties was instru mental in causing the injury, upho d the rule, so universall recognized, that where the wrong (the negligence) of bot parties contributes to the injury, the law will not afford any relief. In this case, Gants could have remained upon the train and gone to Florence by paying the fare from Peabody to that station; or, when the train st0p ed, he could have left the train when requested to do so by t e conductor, in a entle manly manner; and it is clearly evident that if he ha done. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."