Lucius Quintus Cincinnatus Lamar

“ And, as accidents as frequently arise from obstructions on the track as perhaps from any other cause whatever, it would seem to follow, obviously, that there is no one of the duties of a railroad company more clearly embraced within its warranty to carry their passengers safely, as far as human care and foresight will go, than the duty of employing the utmost care and diligence in guarding their road against such obstructions.' See, also, McElroy v. ”

“ The instruction does not hold the defendant 'responsible for the condition of the sides of the cut made by it in the construction of the road, the giving way of which caused the accident.' We think this objection is also well taken. The railroad cut is as much a part of the railroad structure as is the fill. ”

“ Extraordinary floods, storms of unusual violence, sudden tempests, severe frosts, great droughts, lightnings, earthquakes, sudden deaths and illnesses, have been held to be 'acts of God;' but we know of no instance in which a rain of not unusual violence, and the probable results thereof in softening the superficial earth, have been so considered. ”

“ If such be the law as to persons who, for their own purposes, cause projections to overhang the highway not constructed by them, a fortiori must it be the law as to those who, for their own purposes of prof it, undertake to construct the highway itself, and to keep it serviceable and safe, yet who allow it to be practically overhung, from considerations of economy or through negligence. We think the case of Railroad Co. ”