A Treatise on the Federal Employers' Liability and Safety Appliance ActsW.H. Anderson Company, 1909 - 410 pages |
From inside the book
Results 1-5 of 97
Page v
... violated a safety device statute 72. Presenting the defense of contributory negligence - Burden ... 102 72a . When contributory negligence does not diminish damages ... 104 CHAPTER V. DEATH BY WRONGFUL ACT . SECTION 73. Statute TABLE OF ...
... violated a safety device statute 72. Presenting the defense of contributory negligence - Burden ... 102 72a . When contributory negligence does not diminish damages ... 104 CHAPTER V. DEATH BY WRONGFUL ACT . SECTION 73. Statute TABLE OF ...
Page 15
... violation of the fourteenth amendment . The supposed hardship and injustice consist in im- puting liability to the company , where no personal wrong or negligence is chargeable to it or to its directors . But the same hardship and ...
... violation of the fourteenth amendment . The supposed hardship and injustice consist in im- puting liability to the company , where no personal wrong or negligence is chargeable to it or to its directors . But the same hardship and ...
Page 34
... violations a penalty , one hundred dol- lars , recoverable in a civil action , was provided for , and in that aspect it was penal . But the design to give relief was more dominant than to inflict punishment , and the act might well be ...
... violations a penalty , one hundred dol- lars , recoverable in a civil action , was provided for , and in that aspect it was penal . But the design to give relief was more dominant than to inflict punishment , and the act might well be ...
Page 37
... violation . of that act . Likewise it has been held that a railroad com- pany carrying from one state to another on its own construc- tion cars , its own iron rails , in cars not properly equipped with automatic brakes , was liable to ...
... violation . of that act . Likewise it has been held that a railroad com- pany carrying from one state to another on its own construc- tion cars , its own iron rails , in cars not properly equipped with automatic brakes , was liable to ...
Page 52
... violated a safe- ty device statute . 72. Presenting the defense of con- tributory negligence - Bur- den . 72a . When ... violation by such common carrier of any statute enacted for the safety of employes contributed to the injury or ...
... violated a safe- ty device statute . 72. Presenting the defense of con- tributory negligence - Bur- den . 72a . When ... violation by such common carrier of any statute enacted for the safety of employes contributed to the injury or ...
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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.