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 E. Thompson, 1882 Covers cases decided [1879?]-1895. |
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Страница 1
... attempted cure , on account of personal injuries received by the wife about the 5th of November , 1879 , from the railway company while the latter was walking across the railway bridge over Jersey Creek in the city of Wyandotte . Trial ...
... attempted cure , on account of personal injuries received by the wife about the 5th of November , 1879 , from the railway company while the latter was walking across the railway bridge over Jersey Creek in the city of Wyandotte . Trial ...
Страница 3
... attempted to reach her home by a nearer route ; in taking this course it was necessary to cross Jersey Creek a few rods above where it empties into the Missouri River . The only way of crossing this stream at this place was by climbing ...
... attempted to reach her home by a nearer route ; in taking this course it was necessary to cross Jersey Creek a few rods above where it empties into the Missouri River . The only way of crossing this stream at this place was by climbing ...
Страница 4
... attempting to step from tie to tie in cross- ing the long span over the stream , especially in view of the fre- quent running of the cars on the track on such trestle - work . Counsel for plaintiff contends that as the bridge lay wholly ...
... attempting to step from tie to tie in cross- ing the long span over the stream , especially in view of the fre- quent running of the cars on the track on such trestle - work . Counsel for plaintiff contends that as the bridge lay wholly ...
Страница 5
... attempted to cross the trestle - work or bridge without the consent of the company , and at her own peril , and the husband can recover only for injuries done to her for such negligence of the employees of the company as was so gross as ...
... attempted to cross the trestle - work or bridge without the consent of the company , and at her own peril , and the husband can recover only for injuries done to her for such negligence of the employees of the company as was so gross as ...
Страница 9
... attempted to run to the end of the trestle , but , finding they could not escape in that way , they left the track clear for the train by swinging themselves over the guard rails of the trestle , and in this pendent position over the ...
... attempted to run to the end of the trestle , but , finding they could not escape in that way , they left the track clear for the train by swinging themselves over the guard rails of the trestle , and in this pendent position over the ...
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accident agents alleged appellant appellee approaching train attempting to cross Balt bell bill of lading cattle cause of action Central R. R. charge Chicago circumstances claim common carrier complaint conductor contract contributory negligence counsel cross the track danger deceased defendant defendant's delivered demurrer depot duty employees engine entitled error evidence exercise facts feet fendant freight gence held highway horse injury instruction intestate Iowa Jersey City judgment jury land Law Rep liable locomotive look minerals motion negligence per se obstruction opinion ordinary Pacific R. R. party passed passenger person plaintiff plaintiff in error platform proper prudence question rail railroad railroad company railroad track railway company rate of speed reason recover damages refused road rule running station statute stop street sustained switch testified testimony ticket tion transportation travelling trial verdict wagon whistle William Spaulding witnesses
Популарни одломци
Страница 294 - All that is perfectly correct: for, although the ass may have been wrongfully there, still the defendant was bound to go along the road at such a pace as would be likely to prevent mischief. Were this not so, a man might justify the driving over goods left on a public highway, or even over a man lying asleep there, or the purposely running against a carriage going on the wrong side of the road.
Страница 499 - ... by any meeting of the directors or of a committee of directors or by any person acting as a director shall notwithstanding that it be afterwards discovered that there was some defect in the appointment of any such...
Страница 318 - The cause was tried to a jury, and resulted in a verdict and judgment for plaintiff for $452.44.
Страница 484 - ... or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for where both are equally in fault, potior est conditio dcfendentis.
Страница 483 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this : Ex dolo malo non oritur actio.
Страница 470 - ... 1 of the Constitution of the United States, which provides that no State shall pass any law impairing the obligation of a contract, and also violated that clause of the fourteenth amendment of that instrument, which provides that no State shall deprive any person of property without due process of law.
Страница 562 - The Company shall not be entitled to any Mines of Coal, Ironstone, Slate, or other Minerals under any Land purchased by them, except only such Parts thereof as shall be necessary to be dug or carried away or used in the Construction of the Works...
Страница 490 - By reason of the negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive engine, or train upon a railway...
Страница 599 - Every railroad company shall have the right with its road to intersect, connect with, or cross, any other railroad; and shall receive and transport each the other's passengers, tonnage, and cars, loaded or empty, without delay or discrimination.
Страница 312 - Whatever subjects of this power are in their nature national, or admit only of one uniform system, or plan of regulation, may justly be said to be of such a nature as to require exclusive legislation by Congress.