The American and English Railroad Cases: A Collection of All Cases, Affecting Railroads of Every Kind, Decided by the Courts of Appellate Jurisdiction in the United States, England, and Canada [1894-1913].E. Thompson Company, 1912 |
From inside the book
Results 1-5 of 100
Page 2
... ground that it bought for the purpose of reselling it , which was not within its charter powers . On rehearing . Former judgment adhered to . For former opinion , see 175 Fed . 321 , 99 C. C. A. 109 . Holt & Duncan , Brown , Jackson ...
... ground that it bought for the purpose of reselling it , which was not within its charter powers . On rehearing . Former judgment adhered to . For former opinion , see 175 Fed . 321 , 99 C. C. A. 109 . Holt & Duncan , Brown , Jackson ...
Page 4
... ground for escaping its obli- gations was ever suggested , except that it was an impossibility for the company to perform it , and again , that its performance would be unlawful , until after the suit was commenced . This suit was ...
... ground for escaping its obli- gations was ever suggested , except that it was an impossibility for the company to perform it , and again , that its performance would be unlawful , until after the suit was commenced . This suit was ...
Page 9
... ground that there had been no agreement defining the additional quantity of coal he would furnish , and the tender of the coal was treated as an election to furnish it . This stipulation giving him an election rested upon a valuable ...
... ground that there had been no agreement defining the additional quantity of coal he would furnish , and the tender of the coal was treated as an election to furnish it . This stipulation giving him an election rested upon a valuable ...
Page 11
... ground that the public has an in- terest to be protected , and that the service to the public will be interfered with by the performance of the contract . But here the public had no concern with anything the Railway Company agreed to do ...
... ground that the public has an in- terest to be protected , and that the service to the public will be interfered with by the performance of the contract . But here the public had no concern with anything the Railway Company agreed to do ...
Page 13
... ground , considering the com- pany's own requirements , for its confession of an unlawful pur- pose in securing the coal . We find no sufficient reason for a different conclusion from that reached on the former hearing . The result is ...
... ground , considering the com- pany's own requirements , for its confession of an unlawful pur- pose in securing the coal . We find no sufficient reason for a different conclusion from that reached on the former hearing . The result is ...
Common terms and phrases
accident action Adams Express Co affirmed agent alight alleged appellant appellant's appellee Arkadelphia authorities baggage bill of lading Boston brakeman brakes cause charge Chicago Circuit Court City coal common carrier complaint conductor consignee construction contract contributory negligence corporation counsel County crossing damages danger death deceased defendant defendant's depot duty eminent domain employees engine error evidence exercise fact feet fendant freight held highway horse injury instruction interstate Judge judgment jury land last foot-note liability Louis motorman nonsuit operation opinion ordinary passenger person plaintiff plaintiff in error platform Pullman Company punitive damage purpose question rail railroad company Railway Company reasonable received recover refused road rule running servants shipment shipper side track sleeping car Southern station statute stop street car street railway Supreme Court sustained switch testified testimony ticket tion train transportation verdict witness
Popular passages
Page 158 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 115 - All complaints for the recovery of damages shall be filed with the Commission within two years from the time the cause of action accrues, and not after...
Page 220 - Acts relating to train brakes, automatic couplers, grab irons, and the height of drawbars shall be held to apply to all trains, locomotives, tenders, cars, and similar vehicles used on any railroad engaged in interstate commerce, and in the Territories and the District of Columbia, and to all other locomotives, tenders, cars, and similar vehicles used in connection therewith...
Page 200 - The power and authority of regulating railroad freights and passenger tariffs, preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws, from time to time, to regulate...
Page 28 - To do all acts and make all regulations which may be necessary or expedient, for the preservation of health, and the suppression of disease.
Page 585 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Page 98 - ... or any change in the mode of operating its road and conducting its business is reasonable and expedient in order to promote the security, convenience and accommodation of the public...
Page 538 - The former verdict or other decision may be vacated and a new trial granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1.
Page 212 - The case was tried before a jury, which rendered a verdict in favor of the plaintiffs against both of the defendants, and awarded damages in the sum of $8,000.
Page 125 - A trial by jury resulted in a verdict and judgment in favor of appellee in the sum of $9,000, and the railway company and McEwen appeal.