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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Page 37
... contributory negligence . By reply contributory neg- ligence was denied . A trial resulted in a verdict and judg- * As to the care due passengers on freight trains , see monograph appended to West Chicago St. R. Co. v . Tuerk ( Ill ...
... contributory negligence . By reply contributory neg- ligence was denied . A trial resulted in a verdict and judg- * As to the care due passengers on freight trains , see monograph appended to West Chicago St. R. Co. v . Tuerk ( Ill ...
Page 75
... contributory negligence cor- rectly ; that the rule of law does not apportion the damages as the jury apportions the negligence ; that it was not proper to charge the jury the principle that the plaintiff could not recover if the injury ...
... contributory negligence cor- rectly ; that the rule of law does not apportion the damages as the jury apportions the negligence ; that it was not proper to charge the jury the principle that the plaintiff could not recover if the injury ...
Page 86
... Contributory Negligence - When Ques- tion for Jury - Instance . The question whether or not a passenger who had just boarded the smoking car , and was passing through that car , over the platform , to the next coach in the rear , where ...
... Contributory Negligence - When Ques- tion for Jury - Instance . The question whether or not a passenger who had just boarded the smoking car , and was passing through that car , over the platform , to the next coach in the rear , where ...
Page 89
... contributory negligence in this case was for the jury , and not for the court . There was no error in the trial of the case , and the judg- ment below is affirmed . BIRMINGHAM RY . , LIGHT & POWER Co. v . NOLAN . ( Supreme Court of ...
... contributory negligence in this case was for the jury , and not for the court . There was no error in the trial of the case , and the judg- ment below is affirmed . BIRMINGHAM RY . , LIGHT & POWER Co. v . NOLAN . ( Supreme Court of ...
Page 137
... Contributory Negligence - Boarding Moving Street Car . * It is not negligence , as a matter of law , for a passenger to get on a street car when it is in motion ; but the question is one of fact , depending on the rate of speed of the ...
... Contributory Negligence - Boarding Moving Street Car . * It is not negligence , as a matter of law , for a passenger to get on a street car when it is in motion ; but the question is one of fact , depending on the rate of speed of the ...
Common terms and phrases
accident action affirmed agent alleged appellant appellee authority brakeman carrier cattle charge Chicago circuit court claim collision complaint conductor construction contract contributory negligence corporation coupler crossing damages danger deceased defendant company defendant's demurrer depot duty employees engine entitled evidence exercise fact feet fellow servant freight frogs guard rails guilty held highway injury instruction intestate Judge judgment jury land liable Louisville matter ment motion motorman N. R. Co negligence per se notice operation ordinary pany passed passenger person petition plaintiff in error platform proximate cause question Railroad Co railroad company railway company reason recover refused res gestæ ride road rule running South Southern station statute stop street car street railway Supreme Court sustained switch tending to show testified testimony thereof ticket tiff tion train train dispatcher trial verdict witness
Popular passages
Page 590 - The rolling stock, and all other movable property belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the General Assembly shall pass no law exempting any such property from execution and sale.
Page 71 - 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.
Page 542 - The property of all corporations for pecuniary profit, shall be subject to taxation, the same as that of individuals.
Page 84 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Page 366 - 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.
Page 595 - Government supplies, mails, freight, and property on their way from any State to another State, and to receive compensation therefor, and to connect with roads of other States so as to form continuous lines for the transportation of the same to the place of destination.
Page 11 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 493 - Excepting from the force and effect of this proclamation all lands which may have been, prior to the date hereof, embraced in any legal entry or covered by any lawful filing duly of record in the proper United States land office, or upon which any valid settlement has been made pursuant to law.
Page 148 - You are the sole judges of the credibility of the witnesses and of the weight to be given to the testimony of each of them.
Page 712 - Sedgwick that this definition is too limited, and that, "wherever the elements of fraud, malice, gross negligence, or oppression mingle in the controversy, the law, Instead of adhering to the system or even the language of compensation, adopts a wholly different rule. It permits the jury to give what it terms 'punitive,' 'vindictive,