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 9Remick, Schilling & Company, 1899 |
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Страница 23
... negligent operation of the train . RIDING ON FRONT PLATFORM - WHEN NOT NEGLIGENCE.— Where there was no other position on the train open to plaintiff , it was not negligence for him to ride on the front platform although he knew the ...
... negligent operation of the train . RIDING ON FRONT PLATFORM - WHEN NOT NEGLIGENCE.— Where there was no other position on the train open to plaintiff , it was not negligence for him to ride on the front platform although he knew the ...
Страница 24
... negligence by reason of standing or travelling on the platform . ' The defendant excepted to this charge , and also to the refusal of each of the following charges , which were asked in writing : 1. There is no evidence that the rate of ...
... negligence by reason of standing or travelling on the platform . ' The defendant excepted to this charge , and also to the refusal of each of the following charges , which were asked in writing : 1. There is no evidence that the rate of ...
Страница 30
... negligence on his part proximately contributed to his injury . He , therefore , had no cause of action even conceding there was evidence tending to show negligent conduct on the part of the defendant , of which he would have had a right ...
... negligence on his part proximately contributed to his injury . He , therefore , had no cause of action even conceding there was evidence tending to show negligent conduct on the part of the defendant , of which he would have had a right ...
Страница 31
... NEGLIGENCE . - Where there were pieces of lumber and cross - ties partly obstructing a station platform , but there was room for passengers to pass safely , and plaintiff knew of the obstruction , but in attempting to reach a train he ...
... NEGLIGENCE . - Where there were pieces of lumber and cross - ties partly obstructing a station platform , but there was room for passengers to pass safely , and plaintiff knew of the obstruction , but in attempting to reach a train he ...
Страница 34
... NEGLIGENCE . - It is contributory negligence for a passenger to remain on the platform of a car propelled by steam , when there is no reasonable excuse for so doing , and after he has been specifi- cally warned of his danger . APPEALS ...
... NEGLIGENCE . - It is contributory negligence for a passenger to remain on the platform of a car propelled by steam , when there is no reasonable excuse for so doing , and after he has been specifi- cally warned of his danger . APPEALS ...
Чести термини и фразе
action for damages alleged appeared appellant appellee baggage baggage car Boston caboose carriers of passengers cause Central R.R. charge Chicago circumstances City R'y common carriers Concord Railroad conductor contributory negligence damages for injuries danger deceased defect defendant defendant's train depot derailment diligence driver duty employees error evidence exercise facts freight train front platform gence ground guilty held Hudson River injuries sustained intestate Iowa Judgment affirmed judgment for plaintiff Judgment reversed jury liable Louis Louisville Mass Missouri motion N. Y. Supp negligence per se nonsuit opinion overturning passing Pennsylvania Co person plaintiff in error plaintiff's intestate presumption question rail railroad company railway company reason recover damages refused Reported riding River R.R. road rule safe seat sengers son River stage coach standing station Steamboat street car Street R'y Supreme Court testified testimony thrown tion track trial verdict witness
Популарни одломци
Страница 361 - 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 316 - 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 134 - 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 361 - ... 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 645 - 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 134 - 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 317 - 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 47 - ... 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 542 - ... 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 175 - ... 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...