American Negligence Cases: A Complete Collection of All Reported Negligence Cases Decided in the United States Supreme Court, the United States Circuit Court of Appeals, All the United States Circuit and District Courts, and the Courts of Last Resort of All the States and Territories, from the Earliest Times, with Selections from the Intermediate Courts : [1789-1897] Topically Arranged, with Notes of English Cases and Annotations, Том 9
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accident action affirmed agents alleged appellant appellee authorities bound bridge carried carrier cause charge Chicago circumstances City coach common condition conductor construction contributory court damages danger deceased defect defendant defendant's depot directed driver duty entered error evidence exercise facts fall feet follows freight give given ground guilty held hold injury instructions judge judgment Judgment for plaintiff jury liable Mass matter motion negligence objection occurred opinion ordinary party passenger passing person plaintiff platform position present proof proper prove question R.R. Co R’y Co rail railroad company railway reason received recover refused Reported result reversed riding road rule running safe safety seat servants side stage standing station steps stop street struck sufficient Supreme Court sustained Term testimony thrown tion track train travelling trial verdict witness York
Страница 357 - And be it enacted, that every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused...
Страница 312 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion from them that the question of negligence is ever considered as one of law for the court.
Страница 130 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Страница 357 - ... whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Страница 641 - In case any passenger on any railroad shall be injured while on the platform of a car, or on any baggage, wood, or freight car, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, such company shall not be liable for the injury ; provided, such company at the time furnished room inside its passenger cars sufficient for the proper accommodation of the passengers.
Страница 130 - The question always Is: Was there an unbroken connection between the wrongful act and the inJury — a continuous operation? Did the facts constitute a continuous succession of events so linked together as to make a natural whole, or was there some new and independent cause Intervening between the wrong and the injury?
Страница 313 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it has actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits. Whenever it...
Страница 43 - ... the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Страница 538 - ... in charge thereof for defendant, and the same is not shown to have been caused by any defect in said road or car, then the plaintiff could not recover for any injuries caused thereby, and the jury should find for the defendant.
Страница 171 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...