Dyer v. Union Railroad Co.

Supreme Court of Rhode Island

Dyer v. Union Railroad Co.

55 A. 688, 25 R.I. 221, 1903 R.I. LEXIS 58

DecidedJune 4, 1903

StatusPublished

This text of 55 A. 688 (Dyer v. Union Railroad Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dyer v. Union Railroad Co., 55 A. 688, 25 R.I. 221, 1903 R.I. LEXIS 58 (R.I. 1903).

Pincite

Opinion

Per Curiam.

The court is of the opinion that evidence as to the failure to ring the bell on the car in question at the intersection of other streets prior to the time of the accident was not proper. Agulino v. R. R. Co., 21 R. I. 263. But a consideration of the evidence shows that the negligence of the defendant was so clearly established that a new trial would be of no avail, since it clearly appears that’ the plaintiff was overtaken from the rear by the car of the defendant company, which was then running at a high and excessive rate of speed. And the court fails to find that the damages awarded were excessive.

Petition for new trial denied.

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Per Curiam.

The court is of the opinion that evidence as to the failure to ring the bell on the car in question at the intersection of other streets prior to the time of the accident was not proper. Agulino v. R. R. Co., 21 R. I. 263. But a consideration of the evidence shows that the negligence of the defendant was so clearly established that a new trial would be of no avail, since it clearly appears that’ the plaintiff was overtaken from the rear by the car of the defendant company, which was then running at a high and excessive rate of speed. And the court fails to find that the damages awarded were excessive.

Petition for new trial denied.

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Bluebook (online)

55 A. 688, 25 R.I. 221, 1903 R.I. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dyer-v-union-railroad-co-ri-1903.