Railroad Reports Vol 30 PDF Download

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. 1909 edition. Excerpt: ...on Car., 1414: 2 Cooley on Torts, pp. 14171421; 4 Elliott on Railroads. 1644: Burr '1'. Penn. R. Co.. 64 N.-. Law 30. 44 Atl. 845; Hite 2'. Metropolitan St. Ry. Co., 130 Mo. 132, 31 S. VV. 262, 32 S. VV. 33, 51 Am. St. Rep. 555; Stoody 2'. Detroit. etc., Ry. Co., 124 Mich. 420, 83 N. V. 26. The other assignments of error are based upon five bills of exceptions, none of which, it is insisted by the plaintiff, are properly parts of the record. In the view we take of the case it is unnecessary to consider these objections, except so far as they-apply to bill of exceptions numbered 5. The verdict of the jury was rendered at the December term, 1907, of the court. At that term the order of the court shows that a motion was made to set aside the verdict, and time taken until the next term by the court for its decision. At the next term (March, 1908) the order of the court shows that it overruled the motion to set aside the verdict, entered a final judgment. and granted leave to the defendant "to tender its bill of exceptions to the judge of this court in vacation within 30 days after the end of this term, which bill of exceptions, when signed, shall be a part of the record in this cause." The bill of exceptions No. 5, which is claimed was signed by the judge pursuant to that order, contains the following statement: "Be it remembered that on the trial of this case on the day of December, 1907, the plaintiff, in order to maintain the issue on his part, introduced the following evidence: (Here insert it.) And the defendant, to maintain the issue on his part, introduced the following evidence: (Here insert it)--all of which evidence, both for the plaintiff and the defendant, is found in a typewritten booklet now...