The American and English Railroad Cases: A Collection of All Cases in the Courts of Last Resort in America and England [1879?-1895].
Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson
Edward Thompson Company, 1890
Covers cases decided [1879?]-1895.
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accident action agent alight alleged allowed amount appear appellant appellee assessed attempt authority called carried cause charge Chicago circumstances claimed condition conductor considered construction contributory corporation court crossing damages danger deceased defendant defendant's depot direction duty effect employes engine entered entitled error evidence exemption exercise fact feet follows freight give given ground guilty held injury instruction issue judgment jury knowledge lands leave liable master means miles motion moving negligence notice objection operating opinion ordinary passed passenger person plaintiff platform present proper question railroad company railway reached reason received recover refused result road rule running servant side speed standing station statute steps stop sufficient sustained taken testified testimony ticket tion track train travelling trial verdict witness
Page 672 - The legislatures of those districts or new states, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents.
Page 640 - Corporations may be formed under general laws ; but shall not be created by special act,, except for municipal purposes, and in cases where in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered from time to time, or repealed.
Page 690 - No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
Page 505 - Every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportions provided by law, in relation to the distribution of personal property, left by persons dying intestate...
Page 201 - ... in the course of professional employment. 3. A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 484 - ... which each other shall perform his appropriate duty, each is an observer of the conduct of the others, can give notice of any misconduct, incapacity or neglect of duty, and leave the service, if the common employer will not take such precautions, and employ such agents as the safety of the whole party may require. By these means, the safety of each will be much more effectually secured, than could be done by a resort to the common employer for indemnity in case of loss by the negligence of each...
Page 672 - States, that the said state shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations congress may find necessary for securing the title in such soil to the bona fide purchasers thereof; and that no tax shall be imposed on lands the property of the United States; and that in no case shall non-resident proprietors be taxed higher than residents...
Page 34 - But we think it may safely be said that State legislation which seeks to impose a direct burden upon inter-state commerce, or to interfere directly with its freedom, does encroach upon the exclusive power of Congress.
Page 275 - ... when such wrongs are in any manner connected with the use and operation of any railway, on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding.
Page 484 - In considering the rights and obligations arising out of particular relations, it is competent for courts of justice to regard considerations of policy and general convenience, and to draw from them such rules as will, in their practical application, best promote the safety and security of all parties concerned.