A Treatise on the Law of Railways, Том 2Callaghan, 1884 - 1618 страница |
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Страница 746
... amount of damages , and thereupon they obstruct the highway , they are liable for in- terest on such amount from the dis- solution of the injunction : Carpenter v . Easton & Amboy R. R. Co. , 28 N. J. Ch . 390 , 14 Am . Ry . Rep . 195 ...
... amount of damages , and thereupon they obstruct the highway , they are liable for in- terest on such amount from the dis- solution of the injunction : Carpenter v . Easton & Amboy R. R. Co. , 28 N. J. Ch . 390 , 14 Am . Ry . Rep . 195 ...
Страница 763
... amount of damages claimed , is the amount in controversy ; but if the action is for property , then the value of the thing in controversy is to be made apparent by the affidavit of the defendant , and such other proof , if any , as the ...
... amount of damages claimed , is the amount in controversy ; but if the action is for property , then the value of the thing in controversy is to be made apparent by the affidavit of the defendant , and such other proof , if any , as the ...
Страница 782
... amount to trespass Trespass lies in favor of the com- pany 6 " 2 Trespass by intrusion on lands Affirmative defenses must be pleaded . 7 outside right of way 3 • 1 . Trespass lies against a railroad corporation . The earlier cases hold ...
... amount to trespass Trespass lies in favor of the com- pany 6 " 2 Trespass by intrusion on lands Affirmative defenses must be pleaded . 7 outside right of way 3 • 1 . Trespass lies against a railroad corporation . The earlier cases hold ...
Страница 796
... amount to proof of negligence or wrong upon the part of the company . Such proof of setting out the fire , or escape thereof from the property of the company , is but one stage toward making out a case for recovery . The circumstances ...
... amount to proof of negligence or wrong upon the part of the company . Such proof of setting out the fire , or escape thereof from the property of the company , is but one stage toward making out a case for recovery . The circumstances ...
Страница 801
... Cas- well v . Chicago & N. W. Ry . Co. , 42 Wis . 193 , 15 Am . Ry . Rep . 162 . 6 Roth v . The Buffalo & State Line R R. Co. , 31 N. Y. ( 7 Tiffany ) , 548 . The acceptance of rent , however nominal in amount , 51 DAMAGES BY FIRE . 801.
... Cas- well v . Chicago & N. W. Ry . Co. , 42 Wis . 193 , 15 Am . Ry . Rep . 162 . 6 Roth v . The Buffalo & State Line R R. Co. , 31 N. Y. ( 7 Tiffany ) , 548 . The acceptance of rent , however nominal in amount , 51 DAMAGES BY FIRE . 801.
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admr Alton R. R. Balt bill of lading Boston carriage carry cars cause Central R. R. charter Chicago common carriers common law Conn consignee consignor contract contributory negligence damages defendant duty employe exemption fence franchise freight gence Grand Trunk Hannibal & St Heisk held Hudson River Ibid Indianapolis Indianapolis & St injury Iowa Jeffersonville jury Kansas Law Rep liable lien live stock loss Louisville Mass Milwaukee & St Minn N. Y. Cent negligence Ohio & Miss Ohio R. R. Ohio St ordinary owner Pacific R. R. pany party passenger Penn person Phila Pittsburg plaintiff Quincy R. R. R. R. Cas railroad company railroad corporation railway reasonable received recover recovery Repr right of action road rule servant statute street supra Supreme Court taxation Terre Haute thereof tion Toledo track train transportation Western R. R. York Cent
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Страница 1321 - ... the Constitution of the United States which prohibits a State from passing any law impairing the obligation of a contract. Whatever is granted is secured subject only to the limitations and reservations in the charter or in the laws or constitutions which govern it. This company, in the transactions of its business, has the same rights and is subject to the game control as private individuals under the same circumstances.
Страница 1023 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Страница 1317 - It presents, therefore, a case for the application of a long-known and well-established principle in social science, and this statute simply extends the law so as to meet this new development of commercial progress.
Страница 1309 - are nothing more or less than the powers of government inherent in every sovereignty, * * that is to say, * * the power to govern men and things.
Страница 1318 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations.
Страница 1308 - States, it is old as a principle of civilized government. It is found in Magna Charta, and, in substance if not in form, in , nearly or quite all the constitutions that have been from time to time adopted by the several States of the Union. By the...
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Страница 1317 - For our purposes we must assume that, if a state of facts could exist that would justify such legislation, it actually did exist when the statute now under consideration was passed.
Страница 1309 - is a social compact by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good.