The Liability of Railroads to Interstate Employees: A Study of Certain Aspects of Federal Regulation of the Remedy for Death Or Injury to Employees in the Service of Interstate RailroadsLittle, Brown,, 1911 - 371 pages |
From inside the book
Results 1-5 of 38
Page 33
... accidents , the crippling and killing of workmen continued at a rapid pace . Legislation was , therefore , necessary to estab- lish as a principle of public policy the obligation of society to provide for those who are injured in the ...
... accidents , the crippling and killing of workmen continued at a rapid pace . Legislation was , therefore , necessary to estab- lish as a principle of public policy the obligation of society to provide for those who are injured in the ...
Page 42
... accidents to laborers . ' " This public policy which we now declare is based upon the failure of the common - law rules as to liability for accident to meet the modern in- dustrial conditions , and is based not alone upon the failure of ...
... accidents to laborers . ' " This public policy which we now declare is based upon the failure of the common - law rules as to liability for accident to meet the modern in- dustrial conditions , and is based not alone upon the failure of ...
Page 43
... accidents through the necessary exigencies of daily occupation , should be a charge upon their own families . ' " The passage of the law was urged upon the strongest and highest considerations of justice and promotion of the public ...
... accidents through the necessary exigencies of daily occupation , should be a charge upon their own families . ' " The passage of the law was urged upon the strongest and highest considerations of justice and promotion of the public ...
Page 51
... accidents shall be so placed as to decrease their volume . The courts have held railroads to a high degree of responsibility for accidents to passengers . Thus passengers have been protected and safeguarded . The courts have relaxed ...
... accidents shall be so placed as to decrease their volume . The courts have held railroads to a high degree of responsibility for accidents to passengers . Thus passengers have been protected and safeguarded . The courts have relaxed ...
Page 52
... accidents in the United States among adult male wage earners is between thirty thousand and thirty - five thousand . . . . In addition there were approximately not much less than two million non - fatal accidents , that not only involve ...
... accidents in the United States among adult male wage earners is between thirty thousand and thirty - five thousand . . . . In addition there were approximately not much less than two million non - fatal accidents , that not only involve ...
Contents
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Other editions - View all
The Liability of Railroads to Interstate Employees; A Study of Certain ... Philip Joseph Doherty No preview available - 2015 |
The Liability of Railroads to Interstate Employees: A Study of Certain ... Philip Joseph Doherty No preview available - 2016 |
Common terms and phrases
accident Act of Congress amended apply arising assume the risk assumption of risk boiler brakes cause of action chief inspector Circuit Court common carrier common employment common law compensation Constitution contributory negligence couplers damages defective car defendant District of Columbia doctrine duty eighteen hundred engaged in interstate exercise existing federal courts fellow-servant freedom of contract freight inter interstate character Interstate Commerce Commission interstate railroad interstate traffic judicial jurisdiction jury Justice legislature Liability Act liberty of contract limits locomotive Louis master and servant ment merce operation opinion Pacific passengers perils personal injuries plaintiff ployees power of Congress power to regulate protection provisions purpose question railroad company railway reason recover relation remedy repair result rule S. W. Rep Safety Appliance Act safety of employees Southern Southern Pacific Co statute enacted Supreme Court tion track United violation W. R. Co workman
Popular passages
Page 336 - ... for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. The term "railroad...
Page 106 - That no such employee who may be Injured or killed, shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the Injury or death of such employee.
Page 326 - An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with drivingwheel brakes, and for other purposes," approved March second, eighteen hundred and ninety-three, and amended April first, eighteen hundred and ninety-six.
Page 161 - The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of discharge to conform to regulations which their judgment, fairly exercised, would pronounce to be detrimental to their health or strength. In other words, the proprietors lay down the rules, and the laborers are practically constrained to obey them. In such cases self-interest is often an unsafe guide, and the Legislature may properly interpose its authority.
Page 127 - ... and if none, then of such employee's parents, and if none, then to the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents or employees of such carrier...
Page 325 - States having jurisdiction in the locality where such violation shall have been committed; and it shall be the duty of such district attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred; and it shall also be the duty of the Interstate Commerce Commission to lodge with the proper district attorneys information of any such violations as may come to its knowledge...
Page 320 - ... the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee: Proridfd.
Page 317 - ... 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 325 - ... to be recovered in a suit or suits to be brought by the United States district attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed...
Page 149 - If commerce does not include navigation, the government of the Union has no direct power over that subject, and can make no law prescribing what shall constitute American vessels, or requiring that they shall be navigated by American seamen. Yet this power has been exercised from the commencement of the government, has been exercised with the consent of all, and has been understood by all to be a commercial regulation. All America understands, and has uniformly understood, the word "commerce