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 2
... circumstances in this case , did the plaintiff's wife exercise ordinary care and prudence ? No. 11. Was the plaintiff's wife guilty of any negligence in whole or in part , directly contributing to her injuries ? Yes . 12. Under the ...
... circumstances in this case , did the plaintiff's wife exercise ordinary care and prudence ? No. 11. Was the plaintiff's wife guilty of any negligence in whole or in part , directly contributing to her injuries ? Yes . 12. Under the ...
Страница 10
... circumstances in which persons on the roadway are injured by passing trains . But the officers of the company having the right to a free track for their trains as against all trespassers , had the right to presume that the track was ...
... circumstances in which persons on the roadway are injured by passing trains . But the officers of the company having the right to a free track for their trains as against all trespassers , had the right to presume that the track was ...
Страница 11
... circumstances of the situation , as proved by the appellant , rebut the presumption that the injuries resulted from any neglect of duty on the part of the respondent ; and they estab- lished the fact that the negligence of the appellant ...
... circumstances of the situation , as proved by the appellant , rebut the presumption that the injuries resulted from any neglect of duty on the part of the respondent ; and they estab- lished the fact that the negligence of the appellant ...
Страница 14
... circumstances , or , being there , acts in such a way as to be himself a proximate cause of his own injury , he will be precluded from recovery on grounds of public policy , as being himself guilty of contributory negligence . Although ...
... circumstances , or , being there , acts in such a way as to be himself a proximate cause of his own injury , he will be precluded from recovery on grounds of public policy , as being himself guilty of contributory negligence . Although ...
Страница 15
... circumstances , negligence , and that negligence is the proximate cause of the in- jury ; whilst the negligence of the party in going on the track is only a remote cause . Between that original act of negligence and the injury has ...
... circumstances , negligence , and that negligence is the proximate cause of the in- jury ; whilst the negligence of the party in going on the track is only a remote cause . Between that original act of negligence and the injury has ...
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accident agent alleged appellant appellant's appellee approaching bill of lading carried cars cattle cause of action Central R. R. charge Chicago circumstances claim Clauses common carrier complaint conductor consignee construction contract contributory negligence counsel crossing danger deceased defendant delivered delivery demurrer depot duty employees engine entitled error evidence exercise facts fare femoral hernia fendant freight guilty held highway horse injury instruction Iowa Jersey City judgment jury Kendallville land Law Rep liable locomotive Louis minerals motion negligence per se obstruction opinion ordinary owner party passed passenger person petition plaintiff plaintiff in error platform proper public enemy purchase purpose question R. R. Cas railroad railroad company railway company reason received recover damages refused rule running station station agent statute stop Street sufficient sustained testified testimony ticket tion track train transportation travelling trial verdict wagon whistle 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.