 | 1906 - 1246 sider
...constitutes the subject-matter of this controversy. One of the controverted questions at the trial was tne rate of speed at which the train was moving at the time the cattle were discovered on the track; the appellant claiming that the train was running from 12... | |
 | South Dakota. Supreme Court - 1915 - 758 sider
...on the Great Northern track, was when he was 300 feet away. There was conflicting evidence as to the speed at which the train was moving at the time of the accident. The plaintiff's evidence tends to show a speed of 10 or 20 miles an hour ; that of the defendant 4... | |
 | 1917 - 1214 sider
...precaution to listen for the same just before he started across the track? "A. Nothing. "Q. 4. State the rate of speed at which the train was moving at the time of the collision with the said Deister. "A. About 10 miles. "Q. 5. What, if anything, would have prevented... | |
 | Archibald Hall Throckmorton - 1924 - 594 sider
...conversation with the engineer having charge of defendant's train at the time of the accident about the rate of speed, at. which the train was moving at the time. To that question the defendant objected, but its objection was overruled, and the_witness permitted... | |
 | Floyd Russell Mechem - 1925 - 904 sider
...conversation with the engineer having charge of defendant 's train at . the time of the accident, about the rate of speed at which the train was moving at the time. To that question the defendant objected, but its objection was overruled, and the witness permitted... | |
 | 1894 - 1084 sider
...case, as required the plaintiff to go between the cars of a moving train at the time he was injured. The rate of speed at which the train was moving at the time plaintiff entered between the cars thereof in order to uncouple them is a material fact bearing on... | |
 | 1887 - 652 sider
...conversation with the engineer having charge of defendant's train at the time of the accident about the rate of speed at which the train was moving at the time. To that question the defendant objected, but its objection was overruled, and the witness permitted... | |
 | 1918 - 1218 sider
...of his train at the crossing in order to make the stop at the station. It did not reach the actual speed at which the train was moving at the time of the accident, and on that point whether the train was going 10 miles an hour or faster, the act of the defendant... | |
 | Alabama. Supreme Court - 1887 - 742 sider
...important inquiries presented by this record, upon which the testimony is not agreed. The first is, the speed at which the train was moving at the time of the collision — whether at a greater rate than four miles per hour. The second inquiry is, at what point... | |
| |
We are of opinion that the declaration of the engineer Herbert to the witness Roach was not competent against the defendant for the purpose of proving the rate of speed at which the train was moving at the time of the accident. 
