The American and English Railroad Cases: A Collection of All Cases, Affecting Railroads of Every Kind, Decided by the Courts of Appellate Jurisdiction in the United States, England, and Canada [1894-1913].E. Thompson Company, 1903 |
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Side 26
... negligence was properly submitted to the jury . Same Failure to Maintain Lookout - Negligence . In an action against a railroad company for negligently running its train against plaintiff's mule , where there was no evidence that the ...
... negligence was properly submitted to the jury . Same Failure to Maintain Lookout - Negligence . In an action against a railroad company for negligently running its train against plaintiff's mule , where there was no evidence that the ...
Side 31
... negligence if he is injured by a passing train . " In this case plaintiff was not injured by a passing train , but was injured by her own act , which is alleged and insisted upon as having been forced upon her by the negligence of ...
... negligence if he is injured by a passing train . " In this case plaintiff was not injured by a passing train , but was injured by her own act , which is alleged and insisted upon as having been forced upon her by the negligence of ...
Side 32
... negligence , and plaintiff would be entitled to recover , notwithstanding her negligence . But if it be not true , and be as testified to by eight witnesses on behalf of defendant , and the engine was stopped some 35 or 40 feet from her ...
... negligence , and plaintiff would be entitled to recover , notwithstanding her negligence . But if it be not true , and be as testified to by eight witnesses on behalf of defendant , and the engine was stopped some 35 or 40 feet from her ...
Side 33
... negligence of the defendant and the con- tributory negligence of the party killed , plaintiff claims that defendant was guilty of wanton and willful negligence in run- ning its train at an excessive rate of speed at the place where the ...
... negligence of the defendant and the con- tributory negligence of the party killed , plaintiff claims that defendant was guilty of wanton and willful negligence in run- ning its train at an excessive rate of speed at the place where the ...
Side 34
... negligence of the company to be the greater negligence , still in this state the courts do not recog- nize the principle of law relating to comparative negligence which obtains in some of our sister states . The principle of law bearing ...
... negligence of the company to be the greater negligence , still in this state the courts do not recog- nize the principle of law relating to comparative negligence which obtains in some of our sister states . The principle of law bearing ...
Vanlige uttrykk og setninger
accident action affirmed alight alleged appellant appellee authority brakeman bridge carrier cause Cedar Rapids charge Chicago circuit court common carrier complaint conductor construction contract contributory negligence corporation crossing damages danger deceased defendant company defendant in error defendant's demurrer depot duty easement East Omaha employees engine evidence fact feet freight Georgia Railroad ground guilty held injury instruction Judge judgment jury land liability lien locomotive Louisville & N. R. Missouri motorman N. R. Co operation opinion ordinance ordinary pany parties passenger person petitioner plaintiff in error platform proper purpose question R R R rail Railroad Co railroad company Railway Company reason recover road rule servant South Carolina Southern Southern Railway Company station statute stop street railway supreme court sustained switch testified testimony thereof tion track train trestle trial turntable verdict witness
Populære avsnitt
Side 262 - 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...
Side 265 - Commerce with foreign countries, and among the States, strictly considered, consists in intercourse and traffic, including in these terms navigation, and the transportation and transit of persons and property, as well as the purchase, sale, and exchange of commodities.
Side 21 - January, eighteen hundred and ninety-eight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used In moving interstate traffic not equipped with couplers coupling automatically by Impact, and which can be uncoupled without the necessity of men going between the ends of the cars.
Side 345 - States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road...
Side 262 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Side 19 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment.
Side 181 - That whensoever the death of a person shall be caused by wrongful act, neglect, or default and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Side 487 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Side 14 - That any employee of any such common carrier who may be injured by any locomotive, car, or train In use contrary to the provision of this act shall not be deemed thereby to have assumed the risk thereby occasioned, although continuing In the employment of such carrier after the unlawful use of such locomotive, car. or train had been brought to his knowledge.
Side 181 - Every such action shall be brought by and in the name of the personal representative of such deceased person...