The English And Indian Law Of Torts Sixth Edition 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. 1905 edition. Excerpt: ... and was sitting close to one side of the carriage looking out. He got op, walked across to the other side of the carriage and put his hands upon the door, which at once sprang open. The left hand immediately lost its hold, but he graced the door with his right hand arm, and hung on to it whilst it was open. He was carried in this way some 300 yards or more, when seeing the pier o an arch over the line ahead of him, and fearful of coming in contact with it, he let go and endeavoured to throw himself across a bush below him; but, not having made allowance for the momentum of the train, missed the bosh and fell on the line. He was afterwards found on the ballast much injured. The Court gae judgment in his favour (Stoifts v. SaltonstaU, 13 Peters 181). Doctrine of identification or imputability: This doctrine was that where a person voluntarily engaged another person to carry him, he so identified himself with the carrier as to be precluded from suing a third part)' for negligence in cases where the carrier was guilty of contributory negligence. 1 The deceased must be considered as identified with the driver of the omnibus in which he voluntarily became a passenger, and the negligence of the driver was the negligence of the deceased.'1 These cases affirmed that, although if A is injured by the combined negligence of B and C, A can sue B and C, or either of them, he cannot sue C if he, A, is under the care of B, or in his employ. This doctrine has been expressly overruled in the case of The Bernitia?, in which it is laid down that where damage is sustained by the concurrent negligence of two or more persons, there is a right of action against all or any of them at plaintiffs option, and the exception of contributory negligence extends...