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A century ago in the United States, when an individual brought suit against
A century ago in the United States, when an individual brought suit against
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2023-10-31
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问题
A century ago in the United States, when an individual brought suit against a company, public opinion tended to protect that company. But perhaps this phenomenon was most striking in the case of the railroads. Nearly half of all negligence cases decided through 1896 involved railroads. And the railroads usually won.
Most of the cases were decided in state courts, when the railroads had the climate of the times on their sides. Government supported the railroad industry; the progress railroads represented was not to be slowed down by requiring them often to pay damages to those unlucky enough to be hurt working for them.
Court decisions always went against railroad workers. A Mr. Farwell, an engineer, lost his right hand when a switchman’s negligence ran his engine off the track. The court reasoned, that since Farwell had taken the job of an engineer voluntarily at good pay, he had accepted the risk. Therefore the accident, though avoidable had the switchmen acted carefully, was a "pure accident". In effect a railroad could never be held responsible for injury to one employee caused by the mistake of another.
In one case where a Pennsylvania Railroad worker had started a fire at a warehouse and the fire had spread several blocks, causing widespread damage, a jury found the company responsible for all the damage. But the court overturned the jury’s decision because it argued that the railroad’s negligence was the immediate cause of damage only to the nearest buildings. Beyond them the connection was too remote to consider.
As the century wore on, public sentiment began to turn against the railroads—against their economic and political power and high fares as well as against their callousness(无情)toward individuals. [br] Who was blamed for Farwell’s injury, according to the court?
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答案
The switchman.
解析
根据第3段最后一句提到的,Farwell受伤的原因是the mistake of another,another即another employee,在本段是指前文提到过的那个switchman。可见,法庭认为,Farwell的伤应归咎于那个switchman,与铁路公司无关。
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