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
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Page 37
... casualty ; ( d ) permits recovery in any action brought under the statute notwithstanding contributory negligence of the plaintiff , THE EMPLOYERS' LIABILITY ACTS CHAPTER I EMPLOYERS' LIABILITY ACTS OF 1908 AND 1910 Summary.
... casualty ; ( d ) permits recovery in any action brought under the statute notwithstanding contributory negligence of the plaintiff , THE EMPLOYERS' LIABILITY ACTS CHAPTER I EMPLOYERS' LIABILITY ACTS OF 1908 AND 1910 Summary.
Page 38
... brought in either the federal or state courts ; ( h ) prohibits removal to federal court of an action under the statute begun in a state court ; ( i ) authorizes suit to be brought in the United States Circuit Court for the district in ...
... brought in either the federal or state courts ; ( h ) prohibits removal to federal court of an action under the statute begun in a state court ; ( i ) authorizes suit to be brought in the United States Circuit Court for the district in ...
Page 63
... brought by the executor or administrator of deceased's estate . In Pederson v . Delaware , L. & W. R. Co. , 184 Fed . Rep . 737 , it was held that where the plaintiff was injured by a purely local train he could not recover under the ...
... brought by the executor or administrator of deceased's estate . In Pederson v . Delaware , L. & W. R. Co. , 184 Fed . Rep . 737 , it was held that where the plaintiff was injured by a purely local train he could not recover under the ...
Page 64
... brought in a court of a State which has juris- diction of the parties , and although the action must be tried under the rules of practice and pro- cedure prevailing in the district where it is brought , all substantive rights and ...
... brought in a court of a State which has juris- diction of the parties , and although the action must be tried under the rules of practice and pro- cedure prevailing in the district where it is brought , all substantive rights and ...
Page 65
... brought . It is the law of the case by which the rights of the employee and the liability of the carrier are measured . The very subject- matter of the controversy is federal . " Cound v . Atchison , T. & S. F. Ry . Co. , 173 Fed . Rep ...
... brought . It is the law of the case by which the rights of the employee and the liability of the carrier are measured . The very subject- matter of the controversy is federal . " Cound v . Atchison , T. & S. F. Ry . Co. , 173 Fed . Rep ...
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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