Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 3. West Virginia Supreme Appeals
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Author: West Virginia Supreme Appeals
Page Count: 244 pages
Published Date: 05 May 2014
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781234127213
File Name: Report.of.Cases.Determined.in.the.Supreme.Court.of.Appeals.of.the.State.of.West.Virginia.Volume.3.pdf
Download Link: Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 3
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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. 1869 edition. Excerpt: ...further avers, that said defendant had so carelessly and negligently constructed the bridges on said road, that burden cars of ordinary construction and height could not safely pass over and through the said bridges without great and manifest peril and danger to the lives of the conductors and brakesmen situated on the top of said cars, in passing through said bridges. "And the plaintiff further avers, that on the day and year aforesaid, ' at the county aforesaid, her said intestate, in the discharge of his duty and in obedience to the orders of said defendant, was situated on the top of the burden car at the rear end of his train, and when said train was passing over and through the bridge over Little Oacapon creek, without any negligence, or want of care and caution, on the part of her said intestate, he was struck upon the head by the beams and timbers of said bridge, and knocked from said car and instantly killed. "And the plaintiff avers, that the death of her said intestate was then and there caused by the negligence and carelessness of said defendant, in placing upon said road, and in said train, said car, that was higher and differently constructed from the oars that had been used and accustomed to run on said road and in said train, and by failing and neglecting to inform her said intestate of the height and construction' of said car, and by carelessly and negligently constructing their bridges ou said road, that cars of ordinary construction could not safely pass over and through such bridges. "And the plaintiff avers, that the death of her said intestate was caused by such neglect and default of said defendant, as would have entitled her said intestate to have maintained an action against said...
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