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 E. Thompson, 1887 Covers cases decided [1879?]-1895. |
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Страница 18
... circumstances of the case , be considered as repugnant to the power to regulate commerce in its dormant State , or as being in conflict with any law passed on the subject . " This case was , in all things , affirmed by the later case of ...
... circumstances of the case , be considered as repugnant to the power to regulate commerce in its dormant State , or as being in conflict with any law passed on the subject . " This case was , in all things , affirmed by the later case of ...
Страница 35
... circumstances ( for ex- ample , Georgia ) , have inserted such limitation , but our act has none . The provisions are sweeping and general- " all through rates and joint rates with other roads , " etc. It seems to us that the general ...
... circumstances ( for ex- ample , Georgia ) , have inserted such limitation , but our act has none . The provisions are sweeping and general- " all through rates and joint rates with other roads , " etc. It seems to us that the general ...
Страница 88
... circumstances , might have been understood to be inconsis tent with his duties to the other , or to have been covered by his salary from the other . ERROR to the common pleas of Luzerne County , to review a judgment for plaintiff in an ...
... circumstances , might have been understood to be inconsis tent with his duties to the other , or to have been covered by his salary from the other . ERROR to the common pleas of Luzerne County , to review a judgment for plaintiff in an ...
Страница 91
... circumstances and relations of the parties were such that nothing but distinct and clear words of an agreement or contract to pay can suffice to create such an obligation . No doubt , if there was distinct proof of an actual promise to ...
... circumstances and relations of the parties were such that nothing but distinct and clear words of an agreement or contract to pay can suffice to create such an obligation . No doubt , if there was distinct proof of an actual promise to ...
Страница 101
... circumstances . It was there held that the contract of the defendants was not with the payee of the note ; but with the first holder for value who took the note with the guarantee upon it ; and that the contract is to be inter- preted ...
... circumstances . It was there held that the contract of the defendants was not with the payee of the note ; but with the first holder for value who took the note with the guarantee upon it ; and that the contract is to be inter- preted ...
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action agent alleged amount appeal appellee authority Bank of Toronto bonds carried carrier cause charge Chicago circumstances claim coal commerce common carriers conductor Congress consolidated construction contract contributory negligence corporation coupons Court of Chancery court of equity crossing damages decree defendant defendant's depot duty Egg Harbor City engine entitled error evidence facts fare fence freight grant Grimsby held Illinois injury instruction interest judgment jurisdiction jury land lease liable Louis mortgage negligence operate opinion paid pany party passed passenger payment persons Placerville plaintiff plaintiff in error platform purchased purpose question R. R. Cas Railroad Co railroad company railway company reason received recover refused regulation road rule secured servants station statute street suit Supreme Court testimony thereof ticket tion track train transportation trial trustees verdict W. R. Co Wabash
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Страница 479 - Act to recover damages for personal injuries to an employee or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Страница 302 - ... no such Company shall make or give any undue or unreasonable preference or advantage to or in favour of any particular person or Company, or any particular description of traffic, in any respect whatsoever...
Страница 644 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Страница 41 - Commerce with foreign countries, and among the States, strictly considered, consists in intercourse and traffic, including in these terms navigation, and the transportation and transit of persons and property, as well as the purchase, sale, and exchange of commodities.
Страница 411 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed or materially injured, or that the condition of the mortgage has not been performed and that the property is probably insufficient to discharge the mortgage debt.
Страница 38 - But we think it may safely be said that State legislation which seeks to impose a direct burden upon inter-state commerce, or to interfere directly with its freedom, does encroach upon the exclusive power of Congress. The statute now under consideration, in our opinion, occupies that position. It does not act upon the business through the local instruments to be employed after coming within the State, but directly upon the business as it comes into the State from without or goes out from within.
Страница 621 - Contractor to discontinue all work, or any part thereof, as may be designated by the said party of the first part, and the said party of the first part...
Страница 55 - A conveyance upon a sale, made pursuant to a final judgment, in an action to foreclose a mortgage upon real property, vests in the purchaser the same estate, only, that would have vested in the mortgagee, if the equity of redemption had been foreclosed. Such a conveyance is as valid, as if it was executed by the mortgagor and mortgagee, and is an entire bar against each of them...
Страница 20 - Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a state, and those which respect turnpike-roads, ferries, etc., are component parts of this mass. No direct general power over these objects is granted to Congress; and, consequently, they remain subject to state legislation.
Страница 18 - ... law of Delaware to the Constitution is placed entirely on its repugnancy to the power to regulate commerce with foreign nations and among the several States ; a power which has not been so exercised as to affect the question. We do not think that the act empowering the Blackbird...