Crotty v. Chicago Great Western Ry. Co.

Citations

• 169 F. 593
• 95 C.C.A. 91
• 1909 U.S. App. LEXIS 4614

Syllabus

<p>1. Depositions (§ 95*)—Evidence—Reading of Part Only.</p> <p>There is no sound objection to the reading of a part only of a deposition, if what is read does not consist of mere fragmentary excerpts, a correct appreciation of which depends upon the context, and the opposite party be left at liDerty to read what is omitted.</p> <p>[Ed. Note.—For other cases, see Depositions, Cent. Dig. §§ 276, 277; Dee. Dig. § 95.*]</p> <p>2. Appeal and Error (§ 1097*)—Second Writ of Error—Law of the Case-Change in Evidence or Facts.</p> <p>Propositions once considered and decided by an appellate court in a given case cannot be reconsidered by that court upon a second writ of error in the same case; but this does not prevent the consideration upon the second writ of such questions as may arise from a substantial change in the evidence or in the established facts at an intervening trial.</p> <p>[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 4358-4368; Dec. Dig. § 1097.*]</p> <p>3. Master and Servant (§ 216*):—Assumption of Risk—Unusual and Negligent Conduct of Co-Servant Whose Act a Statute Attributes to the Master.</p> <p>Where a brakeman, at the direction of his conductor, goes between a moving train and car, separated by a space of seven feet, for the purpose of holding a post between them so that the car can be staked over a switch, and the conductor then negligently causes the train to be moved in the direction of the car' with unusual, unnecessary, and increasing force and speed, whereby the brakeman is fatally injured, the enhanced and extraordinary peril arising from the conductor’s negligence is not among the risks assumed by the brakeman, there being a statute attributing the conductor’s negligence to the master.</p> <p>[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. §§ 567-573; Dec. Dig. § 216.*]</p> <p>4. Master and Servant (§ 248*)—Negligence of Injured Person as a Known Condition Affecting Duty of Another—Supervening Negligence of Latter