The Law of Railways: Embracing Corporations, Eminent Domain, Contracts, Common Carriers of Goods and Passengers, Constitutional Law, Investments, &c., &c., Telegraph CompaniesLittle, Brown,, 1867 |
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Страница vii
... negligence 10. Cases in Pennsylvania • 11. General result of all the cases 12. The rule under the English statute stated and illustrated 75 , 76 • 76 76 77 • 78 , 79 . 79 79 79 , 80 80 81 , 82 81 , SECTION X. NOTICE OR EXPRESS CONTRACT ...
... negligence 10. Cases in Pennsylvania • 11. General result of all the cases 12. The rule under the English statute stated and illustrated 75 , 76 • 76 76 77 • 78 , 79 . 79 79 79 , 80 80 81 , 82 81 , SECTION X. NOTICE OR EXPRESS CONTRACT ...
Страница ix
... NEGLIGENCE . 1. Extent of English carriers ' act • 122-124 124 124 , 125 2. Must give specification and pay insurance . 3. Loss by felony of servants excepted . But not liable unless by car- rier's fault . 4. Not liable in such case ...
... NEGLIGENCE . 1. Extent of English carriers ' act • 122-124 124 124 , 125 2. Must give specification and pay insurance . 3. Loss by felony of servants excepted . But not liable unless by car- rier's fault . 4. Not liable in such case ...
Страница xi
... negligence of the other . 6. Mode of proof in actions for injury to goods SECTION XXIV . 4. Carriers excused by the custom and course of the navigation 5. Two companies using the same line , one not liable for delay caused 163 , 164 164 ...
... negligence of the other . 6. Mode of proof in actions for injury to goods SECTION XXIV . 4. Carriers excused by the custom and course of the navigation 5. Two companies using the same line , one not liable for delay caused 163 , 164 164 ...
Страница xii
... Negligence to be determined by the jury where evidence conflicts 197 , 198 12. Plaintiff must be lawfully in the place where injured . 198 16. After proof of presumptive negligence , company must show that no reasonable precaution could ...
... Negligence to be determined by the jury where evidence conflicts 197 , 198 12. Plaintiff must be lawfully in the place where injured . 198 16. After proof of presumptive negligence , company must show that no reasonable precaution could ...
Страница 5
... negligence not to have anticipated , and from which the goods could not be delivered after the extent of the rise was seen , it was held to have occurred by the act of God , unless the carrier was in fault in not having sooner sent the ...
... negligence not to have anticipated , and from which the goods could not be delivered after the extent of the rise was seen , it was held to have occurred by the act of God , unless the carrier was in fault in not having sooner sent the ...
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Популарни одломци
Страница 203 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Страница 186 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
Страница 385 - It does not extend to a tax paid by the real property of the bank, in common with the other real property within the state, nor to a tax imposed on the interest which the citi/ens of Maryland may hold in this institution, in common with other property of the same description throughout the state.
Страница 257 - It was introduced to prevent disorder, from a failure of justice and defect of police. Therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one.
Страница 482 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Страница 263 - Courts, except replevin and ejectment, may endorse upon the writ and copy to be served a notice that the plaintiff intends to claim a writ of mandamus, and the plaintiff may- thereupon claim in the declaration, either together with any other demand which may now be enforced in such action, or separately, a writ of mandamus commanding the defendant to fulfil any duty in the fulfilment of which the plaintiff is personally interested.
Страница 346 - If the thing sought to be prohibited is in itself a nuisance, the Court will interfere to stay irreparable mischief without waiting for the result of a trial ; and will, according to the circumstances, direct an issue or allow an action, and, if need be, expedite the proceedings, the injunction being in the meantime continued.
Страница 101 - It is unfortunate for the interests of commerce that there is any diversity of opinion on such a subject, especially in this country; but the rule that holds the carrier only liable to the extent of his own route, and for the safe storage and delivery to the next carrier, is in itself so just and reasonable that we do not hesitate to give it our sanction.
Страница 433 - The continued existence of a government would be of no great value if by implications and presumptions it was disarmed of the powers necessary to accomplish the ends of its creation, and the functions it was designed to perform transferred to the hands of privileged corporations.
Страница 269 - I apprehend those who come for them to Parliament do in effect undertake that they shall do and submit to whatever the legislature empowers and compels them to do, and that they shall do nothing else...