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. |
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Page 7
... knowledge of the changed conditions of the lands , and their environment , and of the unfail- ing operation of the natural agencies we have ad- verted to , do or omit to do anything , in the line of its duty , whereby the flooding of ...
... knowledge of the changed conditions of the lands , and their environment , and of the unfail- ing operation of the natural agencies we have ad- verted to , do or omit to do anything , in the line of its duty , whereby the flooding of ...
Page 8
... knowledge of the evil , and it not having been shown that anything has been done by the railroad since appellees ' acquisition of title to cause the injury complained of , the railroad company cannot be held liable in this action . We ...
... knowledge of the evil , and it not having been shown that anything has been done by the railroad since appellees ' acquisition of title to cause the injury complained of , the railroad company cannot be held liable in this action . We ...
Page 61
... knowledge or consent of the defend- ant , or its employes in charge of the train , and without paying the customary fare ; and upon this jury . question the evidence was conflicting . The court thereupon gave to the jury , at the ...
... knowledge or consent of the defend- ant , or its employes in charge of the train , and without paying the customary fare ; and upon this jury . question the evidence was conflicting . The court thereupon gave to the jury , at the ...
Page 66
... knowledge of the company's employes , secretes himself upon a train , or if he induces the conductor to violate a rule of the company and carry him without charge , he is guilty of a fraud upon the company and cannot claim the rights of ...
... knowledge of the company's employes , secretes himself upon a train , or if he induces the conductor to violate a rule of the company and carry him without charge , he is guilty of a fraud upon the company and cannot claim the rights of ...
Page 67
... knowledge of his intention to go by the train . He assisted A. to get the horses on board and intended to get a ticket but had not time , and expected to pay his fare when called upon by the con- ductor . The train was a freight train ...
... knowledge of his intention to go by the train . He assisted A. to get the horses on board and intended to get a ticket but had not time , and expected to pay his fare when called upon by the con- ductor . The train was a freight train ...
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Common terms and phrases
accident agent alight alleged appellant appellee Atchison brakeman bridge caboose carrier cause of action charge Chicago circumstances complained conductor construction contributory negligence counsel County coupling danger deceased declaration defect defendant's demurrer depot Doyline duty employes employment engine entitled error evidence exercise fact feet fellow-servant fendant fireman freight train gence ground guilty of contributory held intestate Iowa judgment liable locomotive lumber master Milwaukee & St Minn motion moving negligence per se notice Olathe opinion ordinary P. R. Co pany pass passenger train personal injuries plaint plaintiff plaintiff in error platform ployes proper question rail railroad company rate of speed reason recover damages recovery refused risk road rule running servant side track signal Southern Kansas Southern Kansas Railroad station statute stop sufficient Supreme Court sustained switch 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.