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 66
Page 10
... Duty of Defendant Railroad the Same in Per- sonal Injury Suits as in Actions for Statutory Penalty . CHAPTER XV " ? DEFINITION OF A " USE OF A DEFECTIVE CAR SEC . 67. What is a " Use " of a Defective Car within the Meaning of the Safety ...
... Duty of Defendant Railroad the Same in Per- sonal Injury Suits as in Actions for Statutory Penalty . CHAPTER XV " ? DEFINITION OF A " USE OF A DEFECTIVE CAR SEC . 67. What is a " Use " of a Defective Car within the Meaning of the Safety ...
Page 32
... duty to those who thrust upon them all the dangers of their common enterprise . But the " property school " of judicial thought is far from yielding up the field to the modern and more humane view . It is supported by keen intel- lects ...
... duty to those who thrust upon them all the dangers of their common enterprise . But the " property school " of judicial thought is far from yielding up the field to the modern and more humane view . It is supported by keen intel- lects ...
Page 38
... duties heretofore exercised by the Circuit Courts are transferred and imposed upon the United States Dis- trict Courts . Article 8 , Section 24 of the Judicial Code confers upon the District Courts jurisdiction " of all suits and ...
... duties heretofore exercised by the Circuit Courts are transferred and imposed upon the United States Dis- trict Courts . Article 8 , Section 24 of the Judicial Code confers upon the District Courts jurisdiction " of all suits and ...
Page 42
... duties . " § 3. REPORT OF SENATE JUDICIARY COMMITTEE . A new public policy is declared for this class of cases . As was said by the Judiciary Committee of the Senate in Report 432 , 61st Congress , 2d Session , March 22 , 1910 , on page ...
... duties . " § 3. REPORT OF SENATE JUDICIARY COMMITTEE . A new public policy is declared for this class of cases . As was said by the Judiciary Committee of the Senate in Report 432 , 61st Congress , 2d Session , March 22 , 1910 , on page ...
Page 46
... duties and services , for compensation , takes upon him- self the natural and ordinary risks and perils incident to the performance of such services , and in legal presumption , the compensation is adjusted accordingly . . . . They are ...
... duties and services , for compensation , takes upon him- self the natural and ordinary risks and perils incident to the performance of such services , and in legal presumption , the compensation is adjusted accordingly . . . . They are ...
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