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, 1881 Covers cases decided [1879?]-1895. |
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Страница 24
... claimed to reveal want of due care in the decedent , are not in dispute . " He voluntarily got upon a car so crowded that he was obliged to take a position on the step of the front plat- form of the car , occupied at the time by two ...
... claimed to reveal want of due care in the decedent , are not in dispute . " He voluntarily got upon a car so crowded that he was obliged to take a position on the step of the front plat- form of the car , occupied at the time by two ...
Страница 61
... claimed that defendant was negligent in not sending out a conductor with the train ; that if one had been sent the engineer would have been upon the engine and might have managed the train more skilfully . Held , that upon the facts ...
... claimed that defendant was negligent in not sending out a conductor with the train ; that if one had been sent the engineer would have been upon the engine and might have managed the train more skilfully . Held , that upon the facts ...
Страница 63
... claimed the brakes were not the best in use , and that the jury had a right to infer from this and the movement of the cars that the brakes were insufficient to hold the train . But it appeared that the brakes were such as were in ...
... claimed the brakes were not the best in use , and that the jury had a right to infer from this and the movement of the cars that the brakes were insufficient to hold the train . But it appeared that the brakes were such as were in ...
Страница 64
... claimed that the injury to the plaintiff was not caused by the first movement of the train , but by the handling of the engine by the fireman , who was the only person on the engine at this time . It appears that the engineer was then ...
... claimed that the injury to the plaintiff was not caused by the first movement of the train , but by the handling of the engine by the fireman , who was the only person on the engine at this time . It appears that the engineer was then ...
Страница 66
... claimed on the part of the respondent , clearly show that his death was caused by the negligence of the company , or its em- ployees other than the deceased ; and it concludes by claiming damages against the company for the sum of ...
... claimed on the part of the respondent , clearly show that his death was caused by the negligence of the company , or its em- ployees other than the deceased ; and it concludes by claiming damages against the company for the sum of ...
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Чести термини и фразе
accident action affirmed aforesaid agent alleged Allen appellant appellee applied authority Barb bonds Boston brakeman cars cause Central R. R. charge charter Chicago claimed commissioners common carriers compensation complainants conductor Constitution construction contract contributory negligence corporation court crossing damages danger deceased defect defendant defendant's depot duty eminent domain employees engine entitled Erie R. R. evidence exercise fact Fishkill freight granted held Illinois injury instruction Iowa issue judgment judicial remedy jury land legislature liable Lord Chelmsford Mass Missouri mortgage motion negligence per se obligation opinion owner Pacific R. R. pany party passed passenger payment person plaintiff in error platform present purpose question railroad company railway company reason recover remedy Rhode Island River road rule servant Smith statute street subscription thereof tion town town of Ellicott track train trial ultra vires verdict
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Страница 599 - Gray, 84, is applicable, that if the different parts 'are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them.* Or, as the point...
Страница 144 - 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.
Страница 95 - 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 622 - ... 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 294 - No law shall be passed by the general assembly granting the right to construct and operate a street railroad within any city, town or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by such street railroad.
Страница 445 - No corporation shall be created by special laws, or its charter extended, changed or amended, except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the state, but the general assembly shall provide, by general laws, for the organization of all corporations hereafter to be created.
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Страница 39 - ... in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there Is literally no evidence, but whether there Is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
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