Damages. Breach of Contract. Prospective Profits

1919 Virginia law review  
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more » ... ntent at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. RECENT DECISIONS RECENT DECISIONS need exercise only that degree of vigilance against the danger of being run over by a train as is consistent with the faithful performance of their work, since to keep constantly on the lookout for approaching trains would defeat the very purpose for which they were employed. Van Zandt v. Philadelphia, .etc., R. Co., supra. The railroad company must take cognizance of the perilous position occupied by such employees, directly or indirectly employed by it, and make reasonable provisions for the safeguarding of their lives. Ominger v. New York, etc., R. Co., 4 Hun. (N. Y.) 159; Goodfellow v. Boston, etc., R. Co., 106 Mass. 461. It has been repeatedly held that failure to anticipate the negligence of another, which results in injury, is not contributory negligence, and does not defeat the right of the injured party to recover damages. Wagner v. Philadelphia Rapid Transit Co., 252 Pa. 354, 97 Atl. 471. On the contrary, the law permits every man to assume, without imputation of negligence, that he is not exposed to a danger which can come to him only through a disregard of his duty on the part of some other person. Parrott v. Barney, 1 Sawy. 423, 2 Abb. U. S. 197, 18 Fed. Cas. 1236; Welch v. New York, etc., R. Co., 182 Mass. 84, 64 N. E. 695. It is not negligence for a railroad company not to anticipate the presence of trespassers on its tracks. Philadelphia & Reading R. Co. v. Hummell, 44 Pa. 375, 84 Am. Dec. 457. A Federal Court, however, has denied that it is a general rule of law that failure to anticipate the negligence of another is never negligence. See Erie Railroad Co. v. Kane, 55 C. C. A. 129, 118 Fed. 223.
doi:10.2307/1064062 fatcat:xlg65flsljac3jq6qbgzv7fkca