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, 1893 Covers cases decided [1879?]-1895. |
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Страница 46
... deceased , had pre- viously recovered a judgment of $ 2000 against the defendant for the death of his child , and that the same had been paid . A demurrer was interposed to this defence , which the court overruled , and the plaintiff ...
... deceased , had pre- viously recovered a judgment of $ 2000 against the defendant for the death of his child , and that the same had been paid . A demurrer was interposed to this defence , which the court overruled , and the plaintiff ...
Страница 47
... deceased , who might naturally have expected maintenance or assistance from the deceased had he lived , may recover compensation from the wrong - doer com- mensurate with the loss sustained . Usually the right of action , as in Lord ...
... deceased , who might naturally have expected maintenance or assistance from the deceased had he lived , may recover compensation from the wrong - doer com- mensurate with the loss sustained . Usually the right of action , as in Lord ...
Страница 48
... deceased , and provides that the jury may give such damages , pecuniary or exemplary , as under all the circumstances of the case may to them seem just . These provisions worked a repeal of section 656 of the act of 1873 , but we are ...
... deceased , and provides that the jury may give such damages , pecuniary or exemplary , as under all the circumstances of the case may to them seem just . These provisions worked a repeal of section 656 of the act of 1873 , but we are ...
Страница 50
... deceased person would have himself had at com- tain action for mon law if he had survived , but a new action given death - Condi- by the statute . Seward v . Vera Cruz , 10 App . Cas . 59 ; Pym v . Great Northern R. Co. , 4 B. & S. 396 ...
... deceased person would have himself had at com- tain action for mon law if he had survived , but a new action given death - Condi- by the statute . Seward v . Vera Cruz , 10 App . Cas . 59 ; Pym v . Great Northern R. Co. , 4 B. & S. 396 ...
Страница 51
... deceased by the operation of the statute of limitations , six years having elapsed in the interval between the injury and the death with- out any action having been brought , as equivalent to a bar by satisfaction or release , saying ...
... deceased by the operation of the statute of limitations , six years having elapsed in the interval between the injury and the death with- out any action having been brought , as equivalent to a bar by satisfaction or release , saying ...
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agreement alleged amount appear appellant appellee assessment Augusta authority cattle cause of action cents charge charter Cincinnati circuit court circumstances and conditions claim clause coal Commission common carrier common law competition conductor constitution construction contract contributory negligence corporation damages death deceased decision defendant defendant's duty employés engine entitled error evidence exemption fact franchise freight Georgia Georgia Railroad grant held injury interest Interstate Commerce Interstate Commerce Commission judgment jury land legislature liable ment miles Missouri negligence Ohio operate opinion ordinance pany parties passenger person plaintiff plaintiff in error purpose question rail Railroad Co railroad company railway company reason received recover regulate right of action road rule running Saline county statute suit Supreme Court taxation thereof tion Toronto Street Railway track train transportation trunk valuation verdict W. R. Co
Популарни одломци
Страница 89 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Страница 365 - 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...
Страница 375 - 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...
Страница 403 - ... like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful.
Страница 76 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had he lived, against the latter for an injury for the same act or omission.
Страница 54 - ... whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances...
Страница 105 - ... of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Страница 291 - The corporate authorities of counties, townships, school districts, cities, towns and villages may be vested with power to assess and collect taxes for corporate purposes, such taxes to be uniform in respect to persons and property, within the jurisdiction of the body imposing the same.
Страница 330 - that the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision. In trials at common law, in the courts of the United States, In cases where they apply.
Страница 233 - All courts shall be open ; and every man, for injury done to him, in his person, property or reputation, shall have remedy by due course of law.