Street Railway Reports Annotated Volume 5; (Cited St. Ry. Rep.) Reporting the Electric Railway and Street Railway Decisions of the Federal and State C

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.1908 Excerpt: ... Opinion by Bbadley, J.: Of the various exceptions taken by the defendant to refusals to rule as requested, and to the instructions given, only two have been argued, and the others must be considered as waived. Its first contention is, that the plaintiff's intestate was not in the exercise of due care. The decedent was a motorman in the defendant's employment, and at the time of the accident was in charge of a west-bound car, which came into collision with a car going east, by which he suffered injuries ultimately causing his death. It appeared by his declarations put in evidence during the testimony of his widow, that when he left White's Corner the starter in charge had given him a clear right of way to the Washington street turnout, and that when injured he was running on hisregular time. Acting under this order he went forward, and just before the collision, the car passed around a curve at a speed estimated by himself, and other witnesses, as from 10 to 40 miles an hour. His declarations contained the further statement, that he did not see the east-bound car until it was in such proximity that a collision was inevitable. But while running rapidly, and unable to ascertain if the track was clear until he passed the radius of the curve, under the defendant's system of operating this portion of its railway, it could have been found, that the decedent's car had the right of way, and that he had no reason to apprehend that at the same time an east-bound car would be passing over the track at this place. When employed at his usual work, and acting under the assurance, or order of the person charged by the defendant with the duty of seeing that the track was clear between the points, the deceased had a right to presume that he could safely proceed. If th...