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" 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. "
City Court Reports: Containing Decisions of the Marine Court of the City of ... - Sida 363
efter New York (State). Marine Court (New York), Daniel T. Robertson, Edward Jacobs - 1889
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volym 3

1877
...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...
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The Pacific Reporter, Volym 83

1906
...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...
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Atlantic Reporter, Volym 97

1916
...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. §§...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1887
...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...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volym 35

1887
...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...
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The American Reports: Containing All Decisions of General Interest ..., Volym 58

Isaac Grant Thompson - 1887
...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,...
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The Supreme Court Reporter, Volym 7

1887
...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...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1887
...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....
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volym 119

United States. Supreme Court - 1887
...conversation with the engineer having charge of defendant's train at the time of the accident, about the rate of speed at which the train was moving at the time. To that question the defendant objected, but its objection was overruled, and the witness permitted...
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The Southwestern Reporter, Volym 141

1912
...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...
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