The American and English railroad cases Volume 11; a collection of all cases, affecting railroads of every kind, decided by the courts of appellate ... States, England, and Canada [1894-1913]. - Books Group, Paperback

• Release Date   5/19/2012
• ISBN-13   9781236211095 | 978-1-236-21109-5
• ISBN   123621109X | 1-236-21109-X
• Format   Paperback
• Author(s)   Books Group
• 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. 1899 Excerpt: ...and it had the right to act upon that assumption. It was its right to calculate the natural and probable result of its acts and omissions upon this supposition. Indeed, it could reckon upon no other, for it is alike impracticable and impossible to predicate and administer the rights and remedies of men on the theory that their associates and servants will either disregard their duties or violate the laws. Now, no one who reckoned on the faithful discharge of their duties by these employees could reasonably have anticipated this fatal collision as either a natural or probable consequence of the failure to gire these notices. Nor could it have been the result of such failure, had not the unforeseen negligence of the engineer of the extra train, and the gross and unexpected carelessness of the crew of the freight train, intervened to interrupt the natural sequence of events, to turn aside their course, and to prevent the safe operation of these trains, which was the natural and probable result of the rules and the orders which the defendant gave. It was the gross negligence of these servants, which no one could anticipate, that constituted the intervening and proximate cause, without which this collision could never have been. and it is to this, and not to the failure to give the notices, in our opinion, that this accident must be attributed, under the maxim, "Causa proxima, noil remota, spectator'." There are many other errors assigned in this case, and many other questions discussed in the briefs of counsel, but the case must be retried on account of (n S) Little Rock & M. R. Co. v. Barry those to which we have referred. What has already been said will be a sufficient intimation of our views to guide the court in the coming trial, and it would ...