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, 1883 Covers cases decided [1879?]-1895. |
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Página 47
... master or railroad company is faultless in re- gard to employing an agent and in continuing his employ- ment , the master or railroad company ought to be excused civilly from the consequences of any secret disease or like in- firmity of ...
... master or railroad company is faultless in re- gard to employing an agent and in continuing his employ- ment , the master or railroad company ought to be excused civilly from the consequences of any secret disease or like in- firmity of ...
Página 54
... master , and that is the ground of the master's liability ; in the latter , the act of the servant is the act of the master , the motive of the servant making no difference in regard to the legal character of the master's default in ...
... master , and that is the ground of the master's liability ; in the latter , the act of the servant is the act of the master , the motive of the servant making no difference in regard to the legal character of the master's default in ...
Página 59
... master becomes responsible for the wrong committed . JUDGE ANDREWS , in Rounds v . Railroad Co. , 64 N. Y. 129 ... Master and Servant - Torts of Servant -- Scope of Employment -- Burden of Proof . - Where a recovery is sought of the ...
... master becomes responsible for the wrong committed . JUDGE ANDREWS , in Rounds v . Railroad Co. , 64 N. Y. 129 ... Master and Servant - Torts of Servant -- Scope of Employment -- Burden of Proof . - Where a recovery is sought of the ...
Página 62
... master liable for the act of his servant , it is not necessary that the servant should have authority to do the particular act . The act of the servant may be con- trary of his express orders , and yet the master may be liable . But the ...
... master liable for the act of his servant , it is not necessary that the servant should have authority to do the particular act . The act of the servant may be con- trary of his express orders , and yet the master may be liable . But the ...
Página 67
... master's passengers . The carrier's obli- gation is to carry his passenger safely and properly , and to treat him ... master and servant is that the master is liable for the act of the servant , though wilful and mali- cious , if done in ...
... master's passengers . The carrier's obli- gation is to carry his passenger safely and properly , and to treat him ... master and servant is that the master is liable for the act of the servant , though wilful and mali- cious , if done in ...
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Términos y frases comunes
accident agent alleged appellant appellee appliances assumed authority averment brake brakeman branch roads caboose cause of action charge circuit court cited common carrier complainant condition conductor construction contract contributory negligence corporation coupling cars court of equity danger dead-woods death deceased declared defect defendant company defendant's demurrer draw-head duty employé employed employer employment engaged error evidence exercise facts fellow-servant foreman grant Halifax held injury Interstate Commerce Act judgment knowledge lands legislature liable locomotive engine machinery master N. W. Rep operation opinion ordinary pany passed passenger Pennsylvania Co perform person plaintiff plaintiff in error proper question Rail Railroad Co railroad company Railway reason received recover damages refused repair risks rule safe servant side-track statute supreme court sustained switch switchman testimony tion track trial uncouple verdict violation W. R. Co Wilmington yard
Pasajes populares
Página 22 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Página 337 - 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, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines; but this shall not be construed as requiring any such common...
Página 486 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Página 338 - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...
Página 13 - 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...
Página 337 - ... from the place of shipment to the place of destination; and no break of bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to...
Página 337 - ... required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act...
Página 683 - It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states. Such a power would be inconvenient, and is certainly unnecessary. Comprehensive as the word among is, it may very properly be restricted to that commerce which concerns more states than one.
Página 514 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal presumption, the compensation is adjusted accordingly.
Página 640 - Pacific coast, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores over the route of said line of railway, every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile, on each side of said railroad...