Reports of Appellate Court of the State of Indiana (Volume 15) baixar o livro de graça

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1897 Excerpt: ... Lake Erie and Western Railroad Co. v. BrafTord, Administrator. available, there would; in the view we have taken of the law, be no material error in refusing them. Instruction 8 1-2, when considered with reference to the facts of this case, and in connection with other instructions given, was not subject to the criticism made. Thus regarded, it was not in conflict with anything said in the Bryan case, supra. By instruction 12, the jury was informed that decedent had a right to believe that appellant would obey the ordinance, and was not guilty of negligence in assuming, in the absence of any indication to the contrary, that appellant was obeying it. The instruction does not, however, tell the jury that he was, by reason of such belief, relieved from any care whatever upon his own part. There is a wide distinction between saving that one is negligent by believing and assuming such obedience, and declaring that the right to such belief and assumption relieves him from all duty of exercising care. That he has a right" to so believe, is decided by Madison, etc., R. R. Co. v. Taffe, 37 Ind. 361; Chicago, etc., R. R. Co. v. Boans, 101 Ind. 522; Grand Rapids, etc., R. R. Co. v. Cox, 8 Ind. App. 29; Cleveland, etc., R. W. Co. v. Harrington, 131 Ind. 426, which was expressly approved by the Supreme Court in Miller v. Terre Haute, etc., R. W. Co., 144 Ind. 323. Judgment affirmed. Ross, J., absent. Filed April 16, 1896. Dissecting Opinion On Petition For Rehearing. Reiniiard, J.--Although I agreed with the original opinion in this case, I am persuaded, after a more careful examination of the question involved, that the jury were not authorized, from the evidence, to find that there was a willful killing. The engineer may have been grossly negligent in running the trai...