A Treatise on the Federal Employers' Liability and Safety Appliance ActsW.H. Anderson Company, 1909 - 410 pages |
From inside the book
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Page 62
... existence of such negligence . Νο one can be expected to guard against what he does not see and cannot foretell . The rule , therefore , which requires one to exercise care and diligence to avoid the consequences of another's negligence ...
... existence of such negligence . Νο one can be expected to guard against what he does not see and cannot foretell . The rule , therefore , which requires one to exercise care and diligence to avoid the consequences of another's negligence ...
Page 63
... existence . In such cases , and in such cases only , does the failure to exercise ordinary care to escape the consequences of negligence entirely defeat a recovery . In other cases ( that is , where the person injured by the negligence ...
... existence . In such cases , and in such cases only , does the failure to exercise ordinary care to escape the consequences of negligence entirely defeat a recovery . In other cases ( that is , where the person injured by the negligence ...
Page 64
... existence of such negligence , could have taken steps to have prevented the injury , then the person injured cannot recover , if he failed to exercise that degree of care and caution usually exercised by an ordinarily prudent person to ...
... existence of such negligence , could have taken steps to have prevented the injury , then the person injured cannot recover , if he failed to exercise that degree of care and caution usually exercised by an ordinarily prudent person to ...
Page 70
... existence.39 And in case of negligence on the part of both parties , the plaintiff may still recover if the defend- ant's was great.40 If the defendant has been grossly negligent , the statute does not apply . " If both parties had ...
... existence.39 And in case of negligence on the part of both parties , the plaintiff may still recover if the defend- ant's was great.40 If the defendant has been grossly negligent , the statute does not apply . " If both parties had ...
Page 95
... existence of mutual fault , on which the damages are divided in admiralty , are precisely the same as those which establish contributory negligence at law that would defeat the action . Each court has its own set of rules for deter ...
... existence of mutual fault , on which the damages are divided in admiralty , are precisely the same as those which establish contributory negligence at law that would defeat the action . Each court has its own set of rules for deter ...
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Other editions - View all
A Treatise on the Federal Employers Liability and Safety Appliance Acts W. W. Thornton No preview available - 2019 |
Common terms and phrases
act of Congress affirming alleged Appendix G apply automatic couplers Baltimore brakes cause of action Central charge Chicago commerce by railroad common carrier common carrier engaged common law comparative negligence condition contributory negligence counts deceased defective defendant defendant's diligence doctrine draw bars duty employe enacted engaged in interstate engine equipped evidence exercise fact fault Federal Fellow Servant rule freight gence Georgia Government grab-iron gross guilty handhold hauled held Illinois injury instruction inter Interstate Commerce Commission Iowa jury legislation liability locomotive Louis Louisville merce Minn moving interstate traffic narrow gauge Ohio operation ordinary penalty Pennsylvania Co person Pittsburg plaintiff ploye provisions question railroad company reason recover damages recovery regulate repair point reversing S. E. Rep Safety Appliance Act slight negligence Southern Pac Stat statute Supreme Court tion train transportation uncoupling United States attorney verdict violation
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.