The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and EnglandLawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson Edward Thompson Company, 1890 Covers cases decided [1879?]-1895. |
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Side 29
... alleged injury to a water - mill . It is averred in the petition that ap- pellant constructed its railroad near and parallel to Facts . the stream on which the mill was situated , and that , as an ef- fect of heavy rains , the land ...
... alleged injury to a water - mill . It is averred in the petition that ap- pellant constructed its railroad near and parallel to Facts . the stream on which the mill was situated , and that , as an ef- fect of heavy rains , the land ...
Side 32
... alleged failure of the company to provide sufficient water - ways . This was a failure of a statutory duty , and was clearly negligence . In International & G. N. R. Co. v . Pape , 62 Tex . 313 , the ground of action was similar to that ...
... alleged failure of the company to provide sufficient water - ways . This was a failure of a statutory duty , and was clearly negligence . In International & G. N. R. Co. v . Pape , 62 Tex . 313 , the ground of action was similar to that ...
Side 59
... alleged to have been done to property owned by him , and fronting on a street of railroad in street - Limi- on which he alleges that appellee constructed a Construction double track of railway . He alleges that appellee constructed the ...
... alleged to have been done to property owned by him , and fronting on a street of railroad in street - Limi- on which he alleges that appellee constructed a Construction double track of railway . He alleges that appellee constructed the ...
Side 76
... alleged to have been caused by the company keeping a public ferry , and transporting passengers for hire , in the absence of evidence showing that plaintiffs had a license to keep a public ferry . Same - Riparian Rights - Partition of ...
... alleged to have been caused by the company keeping a public ferry , and transporting passengers for hire , in the absence of evidence showing that plaintiffs had a license to keep a public ferry . Same - Riparian Rights - Partition of ...
Side 95
... alleged to be due to her . After the appraisal of the damages , the defendant paid the amount into court to the credit of plaintiff's husband . Imme- diately thereafter one of Madden's creditors attached and garnished it , the defendant ...
... alleged to be due to her . After the appraisal of the damages , the defendant paid the amount into court to the credit of plaintiff's husband . Imme- diately thereafter one of Madden's creditors attached and garnished it , the defendant ...
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accident action alleged appeal appellee assessed authority award bonds brakeman bridge cause charge charter Chicago claim commissioners compensation condemnation conductor construction contract contributory negligence corporation court of equity cross the track damages danger deceased declared defect defendant defendant's demurrer depot district court duty eminent domain employes engine entitled error evidence exercise fact feet franchises freight train granted guilty held highway injury instruction judgment jury land lease legislature liable lien Little Rock ment negligence per se operating opinion owner P. R. Co pany parties passed passenger payment Pennsylvania Pennsylvania Company person plaintiff plaintiff in error proceedings purpose question rail railroad company railway company reason recover refused riparian rights road rule running servants side track Smith county station statute stockholders street Supreme Court sustained taxation testimony thereof tion trestle trial verdict witness
Populære avsnitt
Side 3 - No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation...
Side 300 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Side 305 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Side 8 - Assembly may, by law, secure to persons or corporations the right of way over the lands of other persons or corporations, and by general laws provide for and regulate the exercise by persons and corporations of the rights herein reserved; but just compensation shall, in all cases, be first made to the owner.
Side 6 - Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals...
Side 357 - A railroad company shall be liable for any damage done to persons, stock or other property by the running of the locomotives, or cars, or other machinery of such company, or for damage done by any person in the employment and service of such company, unless the company shall make it appear that their agents have exercised all ordinary and reasonable care and diligence, the presumption in all cases being against the company.
Side 686 - ... is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall, before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road...
Side 234 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the Legislature should be intended to mean what they have plainly expressed, and consequently no room is left for construction.
Side 553 - That the capital stock of said company shall be forever exempt from taxation, and the road, with all its fixtures and appurtenances, including workshops, warehouses, and vehicles of transportation, shall be exempt from taxation for the period of twenty years from the completion of the road, and no longer.
Side 523 - There is a sense," he says further on, "however, in which duplicate taxation may be understood, — and which we think is the proper sense, — which would render it wholly inadmissible under any constitution requiring equality and uniformity in taxation. By duplicate taxation in this sense...