The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and England
Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson
Edward Thompson Company, 1893
Covers cases decided [1879?]-1895.
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accident action agent alight alleged allowed amount appears appellant asked attempt authority bound called carried carrier cause charge circumstances City claim complained condition conductor connection considered construction contract corporation counsel court crossing damages danger defendant defendant's direct duty effect engine entitled error evidence exceptions exercise fact fare give given ground hand held injury instruction issue judge judgment jury land leave liable limited matter motion moving necessary negligence objection operation opinion ordinary paid parties passage passed passenger person plaintiff platform present proper question railroad company railway company reason received recover refused respect result ride road rule running side standing station statute stop street sufficient sustained taken testified testimony ticket tion tort track train trial verdict witness
Side 240 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Side 136 - Persons who not only have an interest in the controversy, but an interest, of such a nature that a final decree cannot be made without either affecting that interest, or leaving the controversy in such a condition that its final termination may be wholly inconsistent with equity and good conscience.
Side 227 - They extend from the horse with its rider to the stage coach, from the sailing vessel to the steamboat, from the coach and the steamboat to the railroad, and from the railroad to the telegraph, as these new agencies are successively brought into use to meet the demands of increasing population and wealth. They were intended for the government of the business to which they relate, at all times and under all circumstances.
Side 610 - The primary cause may be the proximate cause of a disaster, though it may operate through successive instruments, as an article at the end of a chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or as in the oft-cited case of the squib thrown In the market place.
Side 358 - The court instructs the jury that, if they find from the evidence that the plaintiff...
Side 227 - The powers thus granted are not confined to the instrumentalities of commerce, or the postal service known or in use when the Constitution was adopted, but they keep pace with the progress of the country, and adapt themselves to the new developments of time and circumstances.
Side 353 - The defendant requested the court to instruct the jury that, "if the jury believe from the evidence that...
Side 143 - The General Assembly of this State shall have no power to authorize any corporation to buy shares, or stock, in any other corporation in this State, or elsewhere, or to make any contract, or agreement whatever, with any such corporation, which may have the effect, or be intended to have the effect, to defeat or lessen competition in their respective businesses, or to encourage monopoly ; and all such contracts and agreements shall be illegal and void.
Side 108 - ... and every corporation whose railroad is, or shall be hereafter, intersected by any new railroad, shall unite with the owners of such new railroad in forming such intersections and connections, and grant facilities therefor; and if the two corporations cannot agree upon the amount of compensation...
Side 24 - This riparian right is property, and is valuable, and, though it must be enjoyed in due subjection to the rights of the public, it cannot be arbitrarily or capriciously destroyed or impaired. It is a right of which, when once vested, the owner can only be deprived in accordance with established law, and, if necessary that it be taken for the public good, upon due...