Delano v. Peirce

Citations

• 225 F. 976
• 141 C.C.A. 98
• 1915 U.S. App. LEXIS 2160

Syllabus

<p>1. Carriers <@=320—Carriage oe Passengers—Actions—Evidence.</p> <p>In an action for injuries received by a passenger, evidence held sufficient to go to the jury, raising an inference that the train was negligently operated, so as to lurch and sway from side to side, causing it to collide with some object on the right of way.</p> <p>[Ed. Note.—For other cases, see Carriers, Cent. Dig. §§ 1118, 1126, 1149, 1153. 1160, 1167, 1179, 1190, 1217, 1233, 1244, 1248, 1315-1325; Dec. Dig. <@=320; Negligence, Cent. Dig. § 301.]</p> <p>2. Damages <@=172—Actions—Evidence.</p> <p>In a personal injury action, it was not error to permit plaintiff to testify that his services were worth $2,000 as a farmer and a ranchman.</p> <p>[Ed. Note.—For other cases, see Damages, Cent. Dig. §§ 490-492, 501; Dec. Dig. <@=172. ]</p> <p>3. Appeal and Error <@=206—Presentation oe Grounds oe Review in Court Below-—Objection.</p> <p>In a personal injury action, where counsel did not at the time object to the form of a question on the ground that it permitted plaintiff to combine income received from his farm operations with his personal services, the matter cannot be raised on appeal.</p> <p>[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 1273, 1283-1289; Dec. Dig. <@=206.]</p> <p>4. Witnesses <@=330—Examination—Cross-Examination.</p> <p>In an action by an injured passenger, where the engineer testified that the track was about perfect, so trains could run 80 or 90 miles an hour with safety, he may be cross-examined as to numerous derailments in that vicinity, to test his testimony concerning the roadbed.</p> <p>[Ed. Note.—For other cases, see Witnesses, .Cent. Dig. §§ 1106-1108; Dec. Dig. <@=330.] ■</p> <p><g^Por other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>