A Treatise on the Federal Employers' Liability and Safety Appliance Acts

Front Cover
W.H. Anderson Company, 1909 - 410 pages

From inside the book

Contents

Georgia statutes construed
60
Recovery by a railway employe
66
An epitome of the Georgia cases
68
Negligence a relative term
74
Mere preponderance of defendants negligence not sufficient
80
Plaintiffs negligence compared with defendants
86
Origin of admiralty rule
93
66a Negligence of plaintiff necessary to concur with defendants
99
CHAPTER V
105
Constitutionality of statute allowing recovery for beneficiaries
106
Deceased without right to recover 77 Failure of deceased to bring action 78 Instantaneous death
107
Beneficiaries on death of injured employe
108
No husband or widow surviving 1 Next of kin dependent upon employe
109
Who are dependent upon deceased
110
Bastard
111
Emancipated child 85 Adopted child 86 Posthumous child 87 Beneficiaries must survive deceasedComplaint
112
Statute of limitations
113
Complaint
116
Damage by way of solatium 91 Damages for suffering of deceased
118
Measure of damages
119
Interest 94 Damages not part of the estate 95 Judgment recovered by deceased 96 Costs
123
Death of beneficiary 98 Declarations of deceased 99 Distribution of amount recovered
124
99a Right of widow to sue under state statute
125
CHAPTER VI
126
Receipt of relief money
129
Contract for future release not binding on beneficiaries
130
CHAPTER VII
132
State courts can enforce liability under the federal statute
133
Removal of case to federal court
134
Pleading
136
Common carriers definedReceivers 109 Statute of limitations
137
109a Review on error
138
Statute not retroactive
139
PART II
141
CHAPTER VIII
143
Resolutions of American Railway Associations 112 Object of statuteConstruction
146
Constitutionality of statute
147
Interpretation of statute
148
CHAPTER IX
150
What is interstate commerce
151
Interterritorial commerceAct of 1903
153
Inhibition of statuteCar employed in interstate traffic
155
Intrastate trafficNarrow gauge railroad wholly within state
165
Intrastate railroad engaged in carrying interstate commerce articles
166
United States against Geddes denied
168
BurdenReasonable doubt
178
CHAPTER X
181
Empty carCar used in moving interstate commerce
183
Empty car used in interstate train 138a Hauling empty car to repair shop 139 Proviso to Section 6Fourwheeled and logging cars
185
Kind of coupler to be used
186
Without the necessity of men going between the ends of cars 142 Both ends of every car must be equipped with automatic couplers
188
Uncoupling
189
Erroneous instructions concerning heights of draw bars 145 Construction of Section 5
190
Insufficient operation of coupler 147 Improper operation of sufficient coupler 148 Preparation of coupler for coupling
191
B defect card 150 Receiving an improperly equipped foreign car 151 Question for jury
192
When a federal question is presented 153 State statute on same subject applicable to interstate com merce
193
HandholdsThrough train
194
REPAIRS
195
157a Distinction between an action to recover a penalty and
207
Destination of car nearer than repair shop
213
Failure to provide or repair defective handhold
219
CHAPTER XII
225
Contributory negligence of plaintiff
231
ACTION TO RECOVER PENALTY
237
APPENDIX
243
APPENDIX C
261
APPENDIX
269
SECTION PAGE
274
United States v Wabash Railroad Company
282
United States v Wheeling Lake Erie Railroad Co
293
United States v Atchison Topeka Santa Fe Railway Co
299
Belt Railway Company of Chicago Plaintiff in Error v United
306
The United States v Philadelphia Reading Railway Co
315
United States v Pennsylvania Railroad Company
321
The United States v Atchison Topeka Santa Fe R R Co
329
United States v Nevada County Narrow Gauge R R Co
337
United States v Southern Pacific Company
343
United States v Boston Maine Railroad Company
350
United States v Baltimore Ohio Railroad Company
357
United States v Southern Railway Company
367
The United States of America Plaintiff in Error v The Illinois
376
INDEX
391
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Common terms and phrases

Popular passages

Page 267 - ... for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. The term "railroad...
Page 324 - 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 244 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Page 268 - That no operator, train dispatcher, or other employee who by the use of the telegraph or telephone dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements...
Page 239 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee...
Page 257 - 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...
Page 241 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this Act, shall to that extent be void...
Page 36 - That every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...
Page 240 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 260 - An act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other purposes.

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