The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and EnglandLawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson Edward Thompson Company, 1890 Covers cases decided [1879?]-1895. |
From inside the book
Results 1-5 of 100
Page 14
... Error . - The admission of a petition for a change in venue for the purpose of establish- ing the date when a railroad company was constructed and that it is operated by a co - defendant of the company which constructed it , is not ...
... Error . - The admission of a petition for a change in venue for the purpose of establish- ing the date when a railroad company was constructed and that it is operated by a co - defendant of the company which constructed it , is not ...
Page 19
... error of law complained of is the overruling by the circuit court of the defendants ' motion in arrest of judg ment ; such motion being based upon the allega- reversionary tion that the declaration states no cause of action Sufficiency ...
... error of law complained of is the overruling by the circuit court of the defendants ' motion in arrest of judg ment ; such motion being based upon the allega- reversionary tion that the declaration states no cause of action Sufficiency ...
Page 21
... error in submitting them to the jury , plats - Admis- to be considered in connection with the other evidence in the case . It is claimed that the court erred in permitting the plaint- iff's counsel to read in evidence a portion of the ...
... error in submitting them to the jury , plats - Admis- to be considered in connection with the other evidence in the case . It is claimed that the court erred in permitting the plaint- iff's counsel to read in evidence a portion of the ...
Page 22
... error in allowing it to be read to the jury . Demurrer to bill . It appeared that said bill was demurred to in the court where it was filed by the defendants thereto , and it is insisted that said demurrer should have the effect here of ...
... error in allowing it to be read to the jury . Demurrer to bill . It appeared that said bill was demurred to in the court where it was filed by the defendants thereto , and it is insisted that said demurrer should have the effect here of ...
Page 24
... errors are assigned upon the rulings of the court in giving and refusing instructions to the jury . Four instructions were ... error in any of the modifications of the instructions given , and of those refused , only one , the thirteenth ...
... errors are assigned upon the rulings of the court in giving and refusing instructions to the jury . Four instructions were ... error in any of the modifications of the instructions given , and of those refused , only one , the thirteenth ...
Contents
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Common terms and phrases
accident agent alight alleged appellant appellee assessed Atchison authority brakeman caboose carrier cause of action charge Chicago circumstances common carrier complaint conductor construction contributory negligence corporation counsel crossing danger deceased declaration defect defendant's depot duty employes engine entitled error evidence exemption exercise fact fellow-servant freight train gross ground guilty held instruction intestate judgment jury lands liable locomotive Marion county master miles Minn Missouri motion moving negligence per se Olathe operating opinion ordinary P. R. Co pany passed passenger train plaint plaintiff plaintiff in error platform ployes proper purpose question rail railroad company Railway Company reason recover damages recovery refused road rule running servant side track Southern Kansas Southern Kansas Railroad station statute stop sufficient Supreme Court sustained taxation taxes tending to show testified testimony ticket tion trial verdict witness
Popular passages
Page 676 - 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 644 - 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 694 - No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
Page 509 - 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 205 - ... 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 488 - ... 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 676 - 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 38 - 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 279 - ... 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 488 - 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.