 | 1877 - 682 sidor
...dangers of the crossing, it was to be presumed that he did not look and was negligent. Also held, That the rate of speed at which the train was moving at the place of collision, irrespective of any ordinance or law regulating the speed of the trains, was a... | |
 | 1906 - 1148 sidor
...constitutes the subject-matter of this controversy. One of the controverted questions at the trial was the rate of speed at which the train was moving at the time the cattle were discovered on the track; the appellant claiming that the train was running from 12... | |
 | 1916 - 1116 sidor
...the derailment occurred was a sharp curve, and that the ordinary speed there was much less than that at which the train was moving at the time of the accident, justified an inference of negligence. [Ed. Note. — For other cases, see Railroads, Cent. Dig. §§... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1887 - 788 sidor
...it, and his declaration is no part of the res gestce." "We are of opinion that the declaration of the engineer Herbert to the witness Roach was not competent...true that, in view of the engineer's experience and jiosition, his statements under oath, as a witness, in respect to that matter, if credited, would have... | |
 | 1887 - 542 sidor
...fact, and when be was not performing the duties of engineer, are not competent against the defendaut, for the purpose of proving the rate of speed at which...the train was moving at the time of the accident. There can be no dispute as to the general rules governing the ndmiesibility of the declarations of... | |
 | Isaac Grant Thompson - 1887 - 1104 sidor
...and his declaration is no part of the rat ijcstœ. " We are of opinion that the declaration of the engineer. Herbert, to the witness Roach, was not competent against the defendant for the purpose oi proving the rate of speed at which the train was moving at the time of the accident. It is true,... | |
 | 1887 - 1458 sidor
...it, and his declaration is no part of the res gestee." We are of opinion that the declaration of the engineer Herbert to the witness Roach was not competent against the defendant for the parpóse of proving the rate of speed at which the train was moving at the time of the accident. It... | |
 | 1887 - 764 sidor
...on the track where persons have no right to be. Nor can a trespasser complain of the unusual or high rate of speed at which the train was moving at the time of the injury. APPEAL from Lame Circuit Court. JW Twyman and D. 11. Smith for appellant. Wm. Lindsay for appellee.... | |
 | 1912 - 1332 sidor
...miles per hour. [4] We think it cannot be successfully contended that there was any negligence in the speed at which the train was moving at the time of the injury, as It is made to appear from the evidence that, taking into consideration the length and weight... | |
| |
We are of opinion that the declaration of the engineer Herbert to the witness Roach was not competent against the defendant for the purpose of proving the rate of speed at which the train was moving at the time of the accident. 
