The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and EnglandLawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson Edward Thompson Company, 1890 Covers cases decided [1879?]-1895. |
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Page 23
... killed under circumstances that made the receiver liable , not personally , but in his official or representative character . On February 25 , 1889 , appellant filed a first amended original answer , set- ting up the following defenses ...
... killed under circumstances that made the receiver liable , not personally , but in his official or representative character . On February 25 , 1889 , appellant filed a first amended original answer , set- ting up the following defenses ...
Page 45
... killed , while on the track , by being run over by a regular train of defendant , which was approaching the depot in the town of Charleston ; the accident occurring near the depot . There was a conflict in the proof as to whether the ...
... killed , while on the track , by being run over by a regular train of defendant , which was approaching the depot in the town of Charleston ; the accident occurring near the depot . There was a conflict in the proof as to whether the ...
Page 64
... killed by a train which was backing at the rate of seven miles an hour . There was evidence tending to show that no warning was given of the ap- proach of the train and that no one was on the rear of it to give warning to persons about ...
... killed by a train which was backing at the rate of seven miles an hour . There was evidence tending to show that no warning was given of the ap- proach of the train and that no one was on the rear of it to give warning to persons about ...
Page 65
... killing of the deceased resulted from the neg- ligent conduct of the servants of that company in backing its train ... killed by the train of the Pennsylvania Company , backing south at the rate of about seven miles an hour . There was ...
... killing of the deceased resulted from the neg- ligent conduct of the servants of that company in backing its train ... killed by the train of the Pennsylvania Company , backing south at the rate of about seven miles an hour . There was ...
Page 66
... killed , etc. The charge of negligence against the Pennsylvania Company is confess- edly ample . The law has become settled in this state , by an unbroken line of decisions , that the grant of a franchise giving the right to build , own ...
... killed , etc. The charge of negligence against the Pennsylvania Company is confess- edly ample . The law has become settled in this state , by an unbroken line of decisions , that the grant of a franchise giving the right to build , own ...
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Common terms and phrases
accident aforesaid agent alleged appellant appellee approaching authority bill of lading cattle cause of action Cent charge Chicago circuit court claim commission common carrier common law complained condition consignee construction contract contributory negligence crossing defendant defendant's delivered delivery depot grounds duty employes engine entitled error evidence exercise fact fence fendant freight Grand Trunk Railway held highway horse injury instruction insurer Iowa judgment jury killed land legislature liability lien loss Louis ment Milwaukee & St Nashua Corporation operating opinion owner P. R. Co pany party passengers person plaintiff plaintiff in error question rail railroad company railroad track Railway Company reasonable receiver refused road rule run at large shipment shipped shipper station statute stop Supreme Court testimony Texas thereof tion train transportation trial verdict whistle witnesses
Popular passages
Page 665 - Every common carrier subject to the provisions of this Act shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines...
Page 286 - 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 425 - A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the Court to change the place of trial as in other cases.
Page 306 - Act to charge and receive as great compensation for a shorter as for a longer distance; provided, however, that upon application to the Commission appointed under the provisions of this Act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved...
Page 315 - ... nothing in this Act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies...
Page 310 - Act, and shall 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 311 - That any common carrier subject to the provisions of this act, or, whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation...
Page 295 - Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward ; neither can it do that which in law amounts to a taking of private property for public use without just compensation, or without due process of law.
Page 665 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Page 665 - Railroads heretofore constructed, or that may hereafter be constructed in this state, are hereby declared public highways, and railroad companies common carriers. The legislature shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state...