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 54
... train of the Southern Kansas Railway Company ? A. Yes . Had the defendant company the control , direction , and manage- ment of the Southern Kansas Railroad , and of the men then operating the engines and passenger trains of the ...
... train of the Southern Kansas Railway Company ? A. Yes . Had the defendant company the control , direction , and manage- ment of the Southern Kansas Railroad , and of the men then operating the engines and passenger trains of the ...
Page 61
... train , and that the defend- ant negligently failed to carry him safely , whereby he was injured . The third count alleges that the defendant was a common carrier of passengers , and that it was its duty to furnish a sufficient number ...
... train , and that the defend- ant negligently failed to carry him safely , whereby he was injured . The third count alleges that the defendant was a common carrier of passengers , and that it was its duty to furnish a sufficient number ...
Page 65
... train , " and the plaintiff was injured before entering the train , but after it had been formed and was about to start , it was held that plaintiff was a passenger and bound by the stipulation although not actually upon the train ...
... train , " and the plaintiff was injured before entering the train , but after it had been formed and was about to start , it was held that plaintiff was a passenger and bound by the stipulation although not actually upon the train ...
Page 66
... train whilst it is in motion at a place and time when and where the corporation could not an- ticipate that he would leave it ceases to be a passenger , and the company owes him no duty to see that he is not injured thereafter . Com . v ...
... train whilst it is in motion at a place and time when and where the corporation could not an- ticipate that he would leave it ceases to be a passenger , and the company owes him no duty to see that he is not injured thereafter . Com . v ...
Page 67
... 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 . Plaintiff travelled in the same car as ...
... 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 . Plaintiff travelled in the same car as ...
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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.