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 4
... rule as to surface waters , and is fully recognized_in_this state . Lee v . Minneapolis , 22 Minn . 13 ; O'Brien v . St. Paul , 25 Minn . 331 : Henderson v . Minneapolis , 32 Minn . 319 , 6 Am . & Eng . Corp. Cas . 4 ; Rowe v . St. Paul ...
... rule as to surface waters , and is fully recognized_in_this state . Lee v . Minneapolis , 22 Minn . 13 ; O'Brien v . St. Paul , 25 Minn . 331 : Henderson v . Minneapolis , 32 Minn . 319 , 6 Am . & Eng . Corp. Cas . 4 ; Rowe v . St. Paul ...
Page 20
... rule of damages . The measure of damages , as laid down by the plaintiff's fourth instruction , was , " the depreciation in the market value of said damages . farm by reason of said alleged overflow . " It is said that this did not ...
... rule of damages . The measure of damages , as laid down by the plaintiff's fourth instruction , was , " the depreciation in the market value of said damages . farm by reason of said alleged overflow . " It is said that this did not ...
Page 30
... rule to be that where there are several connecting lines , the plaintiff seeks , as in the present case , to recover of one for an injury received upon another of the connecting lines , he must establish a contract with the line he ...
... rule to be that where there are several connecting lines , the plaintiff seeks , as in the present case , to recover of one for an injury received upon another of the connecting lines , he must establish a contract with the line he ...
Page 46
... rule such error may be cured by such an instruction ; but whether it will or not must depend upon the propriety of the verdict , and other facts in the particular case . The safer rule , therefore , seems to be to exclude such matters ...
... rule such error may be cured by such an instruction ; but whether it will or not must depend upon the propriety of the verdict , and other facts in the particular case . The safer rule , therefore , seems to be to exclude such matters ...
Page 59
... rule should be discharged . The suit was not on the single ground that the plaintiff had been fright- ened . There was a basis for the action in the carelessness of the company , which compelled the plaintiff to throw herself upon the ...
... rule should be discharged . The suit was not on the single ground that the plaintiff had been fright- ened . There was a basis for the action in the carelessness of the company , which compelled the plaintiff to throw herself upon the ...
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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.