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 68
... repair hands . Now , there is no question with us that , though this little boy was on the car without right , if he was forced or kicked off by an employé of the company , acting in the act in the course of his business and within his ...
... repair hands . Now , there is no question with us that , though this little boy was on the car without right , if he was forced or kicked off by an employé of the company , acting in the act in the course of his business and within his ...
Página 75
... repair , whether such road is owned by it or not . If it uses the track of another company for such purpose , it is liable for damages . to its passengers , or freight by reason of defects in the road of such other company so used by it ...
... repair , whether such road is owned by it or not . If it uses the track of another company for such purpose , it is liable for damages . to its passengers , or freight by reason of defects in the road of such other company so used by it ...
Página 87
... repairs two days before the accident . Brakeman Falling over Timber Lying Close to Track : -In Southern Pac . R. Co. v . Markey , ( Tex . , March 26 , 1892 , ) 19 S. W. Rep . 392 , a brakeman in- jured by falling over a timber lying ...
... repairs two days before the accident . Brakeman Falling over Timber Lying Close to Track : -In Southern Pac . R. Co. v . Markey , ( Tex . , March 26 , 1892 , ) 19 S. W. Rep . 392 , a brakeman in- jured by falling over a timber lying ...
Página 90
... repairs when an accident occurs , for fear such repairs or improvements will be construed into a tacit admission of prior negligence in failing to make them before , and thus to have prevented the litigated injury . tion . " ( 2 ) But ...
... repairs when an accident occurs , for fear such repairs or improvements will be construed into a tacit admission of prior negligence in failing to make them before , and thus to have prevented the litigated injury . tion . " ( 2 ) But ...
Página 109
... repair , and the deceased was thereby injured . He avers that at the point where said Riley was killed the siding of said switch was but six feet and eight inches from the main track . The switch was constructed and maintained with the ...
... repair , and the deceased was thereby injured . He avers that at the point where said Riley was killed the siding of said switch was but six feet and eight inches from the main track . The switch was constructed and maintained with the ...
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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...