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 |
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Page 67
... liability to it . The question as to the constitutionality of the particular sec- tion involved in this suit is important and far - reaching , but , as the case will be disposed of on other grounds , it becomes un- necessary , and would ...
... liability to it . The question as to the constitutionality of the particular sec- tion involved in this suit is important and far - reaching , but , as the case will be disposed of on other grounds , it becomes un- necessary , and would ...
Page 86
... liability for the negligence of itself or servants ; that the employee did not waive his right of action against the railroad company in case he should be injured by its negligence by the execution of the contract ; that it is not the ...
... liability for the negligence of itself or servants ; that the employee did not waive his right of action against the railroad company in case he should be injured by its negligence by the execution of the contract ; that it is not the ...
Page 91
... liability of connecting carriers applies to this case , there can be no doubt of the correctness of the conclusion ... liable for the entire damage . But we are not prepared to hold that , if in such a case the goods were safely ...
... liability of connecting carriers applies to this case , there can be no doubt of the correctness of the conclusion ... liable for the entire damage . But we are not prepared to hold that , if in such a case the goods were safely ...
Page 95
... liability hereby imposed . ' " Proceeding now to an examination of the legal questions pre- sented , what are the respective contentions of the parties ? The plaintiffs claim that a shipment made under the conditions here established ...
... liability hereby imposed . ' " Proceeding now to an examination of the legal questions pre- sented , what are the respective contentions of the parties ? The plaintiffs claim that a shipment made under the conditions here established ...
Page 96
... liability , it is competent , however , for the parties to insert in it such stipulations as they mutually elect to ... liable to the consignor . Moore on Carriers , par . 17 , p . 171 , and cases cited ; 5 Am . & Eng . Encyc . of Law ...
... liability , it is competent , however , for the parties to insert in it such stipulations as they mutually elect to ... liable to the consignor . Moore on Carriers , par . 17 , p . 171 , and cases cited ; 5 Am . & Eng . Encyc . of Law ...
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.