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, 1883 Covers cases decided [1879?]-1895. |
Inni boken
Resultat 1-5 av 79
Side 36
... cause of action ; and until such decision is made the courts have no jurisdiction , and therefore cannot be said to be ousted of their jurisdiction , and they can only be said to be so ousted when an independent cause of action does or ...
... cause of action ; and until such decision is made the courts have no jurisdiction , and therefore cannot be said to be ousted of their jurisdiction , and they can only be said to be so ousted when an independent cause of action does or ...
Side 37
... cause , which would not have happened but for that ser- vice . Now , here is a man who but a few minutes before had stopped work for that day , and was but going from the place of his work to his home , was yet on the railroad grounds ...
... cause , which would not have happened but for that ser- vice . Now , here is a man who but a few minutes before had stopped work for that day , and was but going from the place of his work to his home , was yet on the railroad grounds ...
Side 70
... cause for a new trial . Therefore the judgment is reversed , the verdict and the six findings in answer to the six particular questions are set aside , and the cause is remanded to the circuit court for a new trial . Torts of Servant ...
... cause for a new trial . Therefore the judgment is reversed , the verdict and the six findings in answer to the six particular questions are set aside , and the cause is remanded to the circuit court for a new trial . Torts of Servant ...
Side 88
... cause has been thrice argued , and will be found reported in 48 Am . & Eng . R. Cas . Case stated . 138. When argued the second time , the following statement of the case and opinion were filed : " This case has been reargued . It is an ...
... cause has been thrice argued , and will be found reported in 48 Am . & Eng . R. Cas . Case stated . 138. When argued the second time , the following statement of the case and opinion were filed : " This case has been reargued . It is an ...
Side 89
... cause of injury , yet it will not be responsible to him for the consequences of his own fault or neglect , or of that of any other employé of the company , whether they or either of them are superior to him in authority , as conductor ...
... cause of injury , yet it will not be responsible to him for the consequences of his own fault or neglect , or of that of any other employé of the company , whether they or either of them are superior to him in authority , as conductor ...
Andre utgaver - Vis alle
Vanlige uttrykk og setninger
accident agent alleged appellant appellee appliances assumed authority averment brake brakeman branch roads caboose cause of action charge circuit court cited common carrier complainant condition conductor construction contract contributory negligence corporation coupling cars court of equity danger dead-woods death deceased declared defect defendant company defendant's demurrer draw-head duty employé employed employer employment engaged error evidence exercise facts fellow-servant foreman grant Halifax held injury Interstate Commerce Act judgment knowledge lands legislature liable locomotive engine machinery master N. W. Rep operation opinion ordinary pany passed passenger Pennsylvania Co perform person plaintiff plaintiff in error proper question Rail Railroad Co railroad company Railway reason received recover damages refused repair risks rule safe servant side-track statute supreme court sustained switch switchman testimony tion track trial uncouple verdict violation W. R. Co Wilmington yard
Populære avsnitt
Side 22 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Side 337 - Every common carrier subject to the provisions of this Act shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines; but this shall not be construed as requiring any such common...
Side 486 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Side 338 - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...
Side 13 - That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property -wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment...
Side 337 - ... from the place of shipment to the place of destination; and no break of bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to...
Side 337 - ... required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act...
Side 683 - It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states. Such a power would be inconvenient, and is certainly unnecessary. Comprehensive as the word among is, it may very properly be restricted to that commerce which concerns more states than one.
Side 514 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal presumption, the compensation is adjusted accordingly.
Side 640 - Pacific coast, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores over the route of said line of railway, every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile, on each side of said railroad...