United States Reports: ... and Rules Announced at ...Banks & Bros., Law Publishers, 1894 |
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Results 1-5 of 81
Page 6
... carrier , and subject to the law of common carriers . This point has never been squarely before this court ; but in Delaware & Atlantic Tel . Co. v . Postal Tel . Co. , 3 U. S. App . 30 , 105 , it was said by Butler , J .: " It is no ...
... carrier , and subject to the law of common carriers . This point has never been squarely before this court ; but in Delaware & Atlantic Tel . Co. v . Postal Tel . Co. , 3 U. S. App . 30 , 105 , it was said by Butler , J .: " It is no ...
Page 7
... carriers . " See also Shearman and Redfield on Negligence , §§ 354 , 355 , where the position for which we are contending is presented in a manner that seems to us to be unanswerable . II . Being a common carrier , a telegraph company ...
... carriers . " See also Shearman and Redfield on Negligence , §§ 354 , 355 , where the position for which we are contending is presented in a manner that seems to us to be unanswerable . II . Being a common carrier , a telegraph company ...
Page 8
... carrier of passengers , or any other party engaged in a public business . " This rule does not make telegraph companies insurers . It does not make them answer for errors not resulting from their negligence . It only requires the ...
... carrier of passengers , or any other party engaged in a public business . " This rule does not make telegraph companies insurers . It does not make them answer for errors not resulting from their negligence . It only requires the ...
Page 9
... carrier is not allowed to protect himself by contract from liability for the result of his own negligence . The A ... carriers has been so Argument for Plaintiff in Error . thoroughly settled by this PRIMROSE v . WESTERN UNION TELEGRAPH . 9.
... carrier is not allowed to protect himself by contract from liability for the result of his own negligence . The A ... carriers has been so Argument for Plaintiff in Error . thoroughly settled by this PRIMROSE v . WESTERN UNION TELEGRAPH . 9.
Page 10
... carrier cannot stipulate for exemption from the consequences of his own neglect or that of his servants . Hart v . Pennsylvania Railroad , 112 U. S. 338 ; New Jersey Steam Navigation Co. v . Merchants ' Bank , 6 How . 344 ; York ...
... carrier cannot stipulate for exemption from the consequences of his own neglect or that of his servants . Hart v . Pennsylvania Railroad , 112 U. S. 338 ; New Jersey Steam Navigation Co. v . Merchants ' Bank , 6 How . 344 ; York ...
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Common terms and phrases
action administrator affirmed alleged appellee applied Attorney authority bill of lading bond cargo cause charge Chicago Chief Buffalo CHIEF JUSTICE WAITE Circuit Court claim Commission common carrier Congress consignee Constitution contract corporation County court of equity Decided decision decree deed defendant in error delivered the opinion delivery discharge Dismissed District Court duty envelope evidence fact filed flap Fort Dearborn grant held Illinois Illinois Central Railroad interest interstate commerce issue judgment judicial jurisdiction jury JUSTICE WAITE delivered liability libellants liens maritime liens ment mineral lands negligence Northern Pacific Railroad notice owner parties patent person petition pier plaintiff in error plat possession probate proceedings purpose question railroad company Railway rates reason received regulations road Sparf Stat statute stipulation suit Supreme Court telegraph tion United vessel Wall Western Union wharf writ of error York
Popular passages
Page 467 - Gibbons v. Ogden, 9 Wheat. 1, 196, 6 L. ed. 23, 70, where he said: "We are now arrived at the inquiry, What is this power? It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.
Page 460 - Commission (and produce books and papers if so ordered) and give evidence touching the matter in question ; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Page 459 - ... keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created...
Page 467 - If, as has always been understood, the sovereignty of Congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations and among the several States is vested in Congress as absolutely as it would be in a single government having in its constitution the same restrictions on the exercise of the power as are found in the Constitution of the United States.
Page 476 - But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before said commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding : Provided, that no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.
Page 460 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.
Page 461 - Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition.
Page 197 - ... a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Page 468 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the...
Page 30 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.