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, 1902 |
From inside the book
Results 1-5 of 100
Page 7
... ordinary shipment of commodities the duty of the carrier is to deliver to the consignee ; that the consignee is presump- tively the party to recover for breach of the contract of car- riage . As illustrative of and supporting the view ...
... ordinary shipment of commodities the duty of the carrier is to deliver to the consignee ; that the consignee is presump- tively the party to recover for breach of the contract of car- riage . As illustrative of and supporting the view ...
Page 41
... ordinary action , involving no federal or constitutional right , would have a right to have the decision of any court reviewed by certiorari . The writ of certiorari never was intended to perform such functions . It reaches only ...
... ordinary action , involving no federal or constitutional right , would have a right to have the decision of any court reviewed by certiorari . The writ of certiorari never was intended to perform such functions . It reaches only ...
Page 52
... ordinary care , allows a car of explosives to be unnecessarily or unreasonably delayed at a station , or fails to use ordinary care in keeping or caring for such car , it creates a nuisance rendering the company liable for damages ...
... ordinary care , allows a car of explosives to be unnecessarily or unreasonably delayed at a station , or fails to use ordinary care in keeping or caring for such car , it creates a nuisance rendering the company liable for damages ...
Page 55
... ordinary care was not exercised by the appel- lee in keeping and caring for the car , and the absence thereof gave rise to a degree of danger such as would have been avoided by the exercise of it , such negligence would make the ...
... ordinary care was not exercised by the appel- lee in keeping and caring for the car , and the absence thereof gave rise to a degree of danger such as would have been avoided by the exercise of it , such negligence would make the ...
Page 126
... ordinary care in seeking medical aid , she might recover for all phys- ical impairments , though they resulted in whole " from mistakes of medical attendants , was improper . Same Same Same . The error was harmless , it appearing from ...
... ordinary care in seeking medical aid , she might recover for all phys- ical impairments , though they resulted in whole " from mistakes of medical attendants , was improper . Same Same Same . The error was harmless , it appearing from ...
Common terms and phrases
accident affirmed alleged appellant appellant's appellee authority award benefits bills of lading caboose cause of action charge Chicago circuit court claim collision common carrier compensation complaint condemnation condition conductor construction contract contributory negligence corporation crossing damages deceased defective defendant appeals defendant's demurrer depot duty eminent domain employee engine entitled error exercise fact feet fire freight train guilty held injury Judge judgment for plaintiff land liability lien locomotive Logansport Louisville & N. R. ment Missouri motion N. R. Co operation ordinary owner pany party passenger Pennsylvania Co person petition plaintiff in error platform proceedings question rail Railroad Co railroad company Railway Company reason received recover refused road rule S. W. Rep servants station statute stop Supreme Court sustained switch taken tending to show testified testimony Texas thereof ticket tion verdict witness
Popular passages
Page 672 - America in congress assembled, that the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management or arrangement, for a continuous carriage or shipment...
Page 659 - Received, subject to the classifications and tariffs in effect on the date of issue of this original bill of lading, at , 191 — , from , the property described below, in apparent good order, except as noted (contents and condition of contents of packages unknown...
Page 85 - It is apparent that the mere fact of classification is not sufficient to relieve a statute from the reach of the equality clause of the fourteenth amendment, and that in all cases it must appear not only that a classification has been made, but also that it is one based upon some reasonable ground — some difference which bears a just and proper relation to the attempted classification — and is not a mere arbitrary selection.
Page 431 - Municipal corporations owe their origin to, and derive their powers and rights wholly from, the legislature. It breathes into them the breath of life, without which they cannot exist. As it creates, so it may destroy. If it may destroy, it may abridge and control.
Page 116 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 725 - The party holding the affirmative of the issue must produce the evidence to prove it; therefore, the burden of proof lies on the party who would be defeated if no evidence were given on either side.
Page 194 - Assembly met, and it is hereby enacted by the authority of the same, that when any person shall sustain personal injury or loss of life while lawfully engaged or employed on or about the roads, works, depots, and premises of a railroad company, or in or about any train or car, therein or thereon, of which company such person is not an...
Page 552 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 651 - That must always rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification is proposed, and can never be made arbitrarily, and without any such basis.
Page 394 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...