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Carl Krause v. Chicago

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eBook details

  • Title: Carl Krause v. Chicago
  • Author : Supreme Court of Minnesota
  • Release Date : January 16, 1940
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

Railroad -- collision between auto and train at crossing -- evidence as to giving of signals. 1. The testimony of a passenger in a crowded Ford being driven at a speed of 35 miles an hour that he did not hear the crossing
whistle sounded or the locomotive bell rung, it not appearing that such passenger was listening for sounds, or that the windows
of the Ford were open, or that he heard the rumbling of the freight train running at 25 miles an hour at any moment prior
to the Ford's collision with the nineteenth car from the front, is of no probative value as against the positive testimony
of several witnesses in a position to know that the whistle was sounded and the bell rung. Hence it was error to deny the
defendant engineer's motion for judgment notwithstanding the verdicts.


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