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Re: [CBQ] Split decision

To: CBQ@groups.io
Subject: Re: [CBQ] Split decision
From: "Stephen Levine via Groups.Io" <sjl_prodigynet=yahoo.com@groups.io>
Date: Tue, 12 Jun 2018 23:20:11 -0500
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Nice poetry
> On Jun 12, 2018, at 10:08 PM, Rupert Gamlen <gamlenz@hotmail.com> wrote:
> 
> As things are a bit quiet, here is a report from Railway Review 1894.
> 
> A decidedly novel decision was lately handed down in the United States 
> circuit court at Council Bluffs. It appears that a Mrs. Honey, while on her 
> way to the depot at Red Oak. Ia., a station on the C., B. & Q. R. R., was run 
> over and permanently crippled by a switch engine. She sued the Burlington 
> road, and her husband sued the same road. Her suit was for pain and suffering 
> endured by her and the injuries caused to her person. His suit was for loss 
> of society of his wife and her aid in taking care of the household and for 
> expense of medical attendance, etc., during his wife's illness consequent 
> upon the accident.
> 
> Judge Shiras instructed the jury that before a judgment could be found 
> against the company in either case the jury must find if the injury was 
> caused by the negligence of the company; and that if the negligence of Mrs. 
> Honey contributed to the  injury, Mrs. Honey could not recover. Her 
> negligence defeated her recovery. But that Mr. Honey could recover if the 
> company was negligent, even though his wife's negligence contributed to the 
> injury. Her contributory negligence would not defeat her husband's right to 
> recover damages. The two suits were tried together and the jury refused to 
> give Mrs. Honey any damages, but gave Mr Honey $3,000 damages.
> 
> 
> And my take on the situation -
> 
> Mrs Honey sued for money,
> But the jury said
> She and the Q were both to blame
> So she would get no bread*
> 
> Her other half was missing out
> On homely things and aid
> To run the household without her
> He felt he should be paid
> 
> The fault lay with the Burlington
> The jurymen agreed
> The foreman replied to the judge
> The husband is in need
> 
> Of cash to pay the doctor's bills
> And help to do the cooking
> He knew the error was his wife's
> Because she was not looking
> 
> But when he comes home from his work
> His wife is on her back
> She cannot make him comfortable
> Because she crossed the track
> 
> The switcher could have stopped for her
> The negligence is clear
> The jury liked the husband's case
> He'll get his justice here
> 
> The railroad clearly was at fault
> But so was Mrs Honey
> So unlike his poor crippled wife
> The husband gets the money
> 
> (* rhyming slang
> "bread & honey" - money)
> 
> 
> 
> 
> <winmail.dat>


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