The Law of Carriage By Railway

Cover The Law of Carriage By Railway
The Law of Carriage By Railway
Henry W Henry William Disney
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THE LAW OF NEGLIGENCE. 129 rule, gives rise to a cause of action for damages by any person injured by the negligence against the person answerable for the negligence. The damages recoverable must not be too remote ; they must be the natural result of the negligence. Every person is answerable for the consequences of his own negligence, and also for the conse- quences of the negligence of any servant of his while acting in his capacity as servant, or, as it is expressed, while acting "within the
... scope of his employment. " "Where a railway company is liable for negligence, the negligence is usually that of some servant. For example, a signalman by mistake signals " line clear " when a train is on the line ; or an engine-driver, in a moment of thoughtlessness, runs past a signal at " danger. " A collision is the consequence, and passengers are injured. Here the company is liable for the negligence of the signalman or of the engine-driver, and must compensate the injured persons. The various ways in which negligence may be committed by the servants of a railway company are infinite in number, and other examples will readily suggest themselves.

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