The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and EnglandLawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson Edward Thompson Company, 1883 Covers cases decided [1879?]-1895. |
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Страница 64
... moving these cars , Bess in getting off received an injury by the wheels mashing his right foot , which necessitated its amputation , and for this injury this suit was brought . The claim of the plaintiff for recovery was that , while ...
... moving these cars , Bess in getting off received an injury by the wheels mashing his right foot , which necessitated its amputation , and for this injury this suit was brought . The claim of the plaintiff for recovery was that , while ...
Страница 65
... moving train of the defendant ? If so , what agent or servant forced him to jump ? ( 4 ) Was the plaintiff kicked by any employé of the defendant , and caused to fall under the wheels of the cars ? If so , what em- ployé was it ? ( 5 ) ...
... moving train of the defendant ? If so , what agent or servant forced him to jump ? ( 4 ) Was the plaintiff kicked by any employé of the defendant , and caused to fall under the wheels of the cars ? If so , what em- ployé was it ? ( 5 ) ...
Страница 68
... moving , to the almost certain loss of life or limb . Thus , then , it being the law that for this wilful trespass the defendant would only be liable if the employé in doing the act was acting in the course of his business within the ...
... moving , to the almost certain loss of life or limb . Thus , then , it being the law that for this wilful trespass the defendant would only be liable if the employé in doing the act was acting in the course of his business within the ...
Страница 70
... moving , by some employé of the defendant acting within the scope of his employment , that then the plaintiff is not required to prove the name or estab- lish the identity of the employé . " These two instructions are good with the ...
... moving , by some employé of the defendant acting within the scope of his employment , that then the plaintiff is not required to prove the name or estab- lish the identity of the employé . " These two instructions are good with the ...
Страница 71
... moving the engine was simply to frighten the passengers in the street - car . Such an act , done for such a purpose , was entirely foreign to the objects of his employment . The work which the engineer was to perform for defendant was ...
... moving the engine was simply to frighten the passengers in the street - car . Such an act , done for such a purpose , was entirely foreign to the objects of his employment . The work which the engineer was to perform for defendant was ...
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accident agent alleged appellant appellee appliances assumed authority averment brake brakeman branch roads caboose cause of action charge circuit court cited common carrier complainant condition conductor construction contract contributory negligence corporation coupling cars court of equity danger dead-woods death deceased declared defect defendant company defendant's demurrer draw-head duty employé employed employer employment engaged error evidence exercise facts fellow-servant foreman grant Halifax held injury Interstate Commerce Act judgment knowledge lands legislature liable locomotive engine machinery master N. W. Rep operation opinion ordinary pany passed passenger Pennsylvania Co perform person plaintiff plaintiff in error proper question Rail Railroad Co railroad company Railway reason received recover damages refused repair risks rule safe servant side-track statute supreme court sustained switch switchman testimony tion track trial uncouple verdict violation W. R. Co Wilmington yard
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Страница 22 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Страница 337 - Every common carrier subject to the provisions of this Act shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines; but this shall not be construed as requiring any such common...
Страница 486 - 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 338 - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...
Страница 13 - That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property -wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment...
Страница 337 - ... from the place of shipment to the place of destination; and no break of bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to...
Страница 337 - ... required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act...
Страница 683 - It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states. Such a power would be inconvenient, and is certainly unnecessary. Comprehensive as the word among is, it may very properly be restricted to that commerce which concerns more states than one.
Страница 514 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal presumption, the compensation is adjusted accordingly.
Страница 640 - Pacific coast, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores over the route of said line of railway, every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile, on each side of said railroad...