A Treatise on the Law of Railways, Том 2Callaghan, 1884 - 1618 страница |
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Страница 759
... question which is one and the same in all the suits , the court , if it possesses equity powers , may enjoin the prosecution of all but one , until the principle involved can be settled at law . ' Such , too , is the case if the suits ...
... question which is one and the same in all the suits , the court , if it possesses equity powers , may enjoin the prosecution of all but one , until the principle involved can be settled at law . ' Such , too , is the case if the suits ...
Страница 765
... question of jurisdiction , and the question of who are the real parties to the suit ; and this is to be done from the records . The court can not go outside of the case to ascertain whether some per- son other than the real plaintiff ...
... question of jurisdiction , and the question of who are the real parties to the suit ; and this is to be done from the records . The court can not go outside of the case to ascertain whether some per- son other than the real plaintiff ...
Страница 767
... question on it arising in that case . In cases pending in state courts at the time of the passage of the act , an application for removal made at the first term thereafter is in apt time . Upon the question whether the application is ...
... question on it arising in that case . In cases pending in state courts at the time of the passage of the act , an application for removal made at the first term thereafter is in apt time . Upon the question whether the application is ...
Страница 781
... question the land should become theirs , it was held , on a question of pri- ority between the lien and a prior mortgage on subsequently acquired property , that the equitable title to the land did not vest until the performance of the ...
... question the land should become theirs , it was held , on a question of pri- ority between the lien and a prior mortgage on subsequently acquired property , that the equitable title to the land did not vest until the performance of the ...
Страница 796
... question of negligence , the mere fact of the injury does not 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 ...
... question of negligence , the mere fact of the injury does not 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 ...
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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 1310 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
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 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.