The American and English Railroad Cases: A Collection of All Cases, Affecting Railroads of Every Kind, Decided by the Courts of Appellate Jurisdiction in the United States, England, and Canada [1894-1913].E. Thompson Company, 1908 |
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Страница 3
... cause the injury complained of in plaintiff's petition , then your verdict should be for the defendant . ( 4 ) If the jury find that the neg- ligence of both plaintiff's agent and the defendant combined so as to directly cause the ...
... cause the injury complained of in plaintiff's petition , then your verdict should be for the defendant . ( 4 ) If the jury find that the neg- ligence of both plaintiff's agent and the defendant combined so as to directly cause the ...
Страница 4
... cause to the said court to be proceeded in according to law and the rights of the parties . The plaintiff in error seeks to have the judgment of the circuit court reversed , and the judgment of the court of com- mon pleas affirmed ...
... cause to the said court to be proceeded in according to law and the rights of the parties . The plaintiff in error seeks to have the judgment of the circuit court reversed , and the judgment of the court of com- mon pleas affirmed ...
Страница 6
... cause of Kassen's death , and the negligence of Kassen was remote . In that case the proximate cause and the remote cause were so clearly distinguish- able , and it is so very evident from the opinion and the syllabus that this ...
... cause of Kassen's death , and the negligence of Kassen was remote . In that case the proximate cause and the remote cause were so clearly distinguish- able , and it is so very evident from the opinion and the syllabus that this ...
Страница 28
... cause of the collision , and barred all right of recovery for whatever injury resulted therefrom , upon the prin- ciple of law that when the negligence of two persons is contem- poraneous , and the fault of each operates directly to cause ...
... cause of the collision , and barred all right of recovery for whatever injury resulted therefrom , upon the prin- ciple of law that when the negligence of two persons is contem- poraneous , and the fault of each operates directly to cause ...
Страница 29
... cause of the in- jury , not only when relating to a breach of duty occurring after the consequences of contributory negligence have been discovered , but also when , in the exercise of ordinary care , such consequen- ces could have been ...
... cause of the in- jury , not only when relating to a breach of duty occurring after the consequences of contributory negligence have been discovered , but also when , in the exercise of ordinary care , such consequen- ces could have been ...
Чести термини и фразе
accident action affirmed agent Allegany county alleged Appeal appellee authority bill of lading brakeman caboose cattle charge Chicago Circuit Court circumstances common carrier conductor Congress consignee contract contributory negligence corporation County crossing damages danger deceased defendant company defendant's demurrage demurrer depot duty employees engine evidence exercise fact fare feet fendant foot-notes appended freight gence guilty held horse Illinois Cent injury instruction interstate commerce Judge jury killed liable loaded Louis Louisville & N. R. Missouri motorman N. R. Co nonsuit operation opinion ordinary Pacific pany passenger person plaintiff in error presumption proximate cause question rail railroad company Railway Company rate of speed reason recover refused road Rock Island rule servant shipment shipper signal Southern station statute stop street struck Supreme Court sustained testified testimony Texas ticket tion trial verdict whistle witness
Популарни одломци
Страница 439 - 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 449 - The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere, for the purpose of executing some of the general powers of the government. The completely internal commerce of a state, then, may be considered as reserved...
Страница 305 - Whenever 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, then and in every such case the person who, or the corporation which, would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Страница 460 - Resolved, that each branch ought to possess the right of originating acts; that the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation, and moreover to legislate in all cases to which the separate states are incompetent or in which the harmony of the United States may be interrupted by the exercise of individual legislation...
Страница 554 - 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 defendant, that the accident arose from want of care.
Страница 137 - The defendant company filed its petition for a removal of the cause to the Circuit Court of the United States for the...
Страница 339 - Whether the negotiations constituted one contract or more was a question of fact, and should have been submitted to the Jury.
Страница 458 - The power of congress, then, comprehends navigation within the limits of every State in the Union, so far as that navigation may be, in any manner, connected with " commerce with foreign nations, or among the several States, or with the Indian tribes.
Страница 641 - Received, subject to the classifications and tariffs in effect on the date of issue of this original bill of lading. At Ithaca, Mich., 18-1, 1911, from owner* the property described below, in apparent good order, except as noted (contents and condition of contents of packages unknown...
Страница 316 - Had she used her senses, she could not have failed both to hear and to see the train which was coming. If she omitted to use them, and walked thoughtlessly upon the track, she was guilty of culpable negligence, and so far contributed to...