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 - Railroad law |
Common terms and phrases
accident Adams Express Co affirmed agent alight alleged appellant appellee approaching authorities bill of lading burden cause of action charge Chicago Circuit Court common carrier complaint condition conductor consignee contract contributory negligence County crossing damages danger deceased defective defendant company defendant's delivered depot duty employees engine error evidence exercise fact failure fendant foot-notes appended freight guilty held injury instruction interstate Judge judgment jury liable loss Louis Louisville & N. R. matter N. R. Co negligence per se operation ordinance ordinary pany passenger person Perth Amboy plaintiff plaintiff in error presumption proof question rail railroad company railroad track railway company rate of speed reason recover risk road rule shipment shipper Southern statute stop street railway Supreme Court sustained tank cars testified testimony ticket tion train transportation trial verdict witness
Popular passages
Page 23 - ... from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States...
Page 222 - That in case any common carrier subject to the provisions of this Act shall do, cause to be done, or permit to be done, any act. matter, or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act.
Page 682 - 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.
Page 131 - Be it therefore enacted, that 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...
Page 126 - ... 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 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 caused under such circumstances as amount in law to felony.
Page 28 - The right of a person to sell his labor upon such terms as he deems proper is, in its essence, the same as the right of the purchaser of labor to prescribe the conditions upon which he will accept such labor from the person offering to sell it.
Page 48 - If it was sufficient of itself, it was a question of law for the court and not of fact for the jury.
Page 35 - But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Page 488 - In a civil court the death of a human being could not be complained of as an injury, and in this case the damages as to the plaintiff's wife must stop with the period of her existence.
Page 183 - The court was not warranted in saying, as a matter of law, that plaintiff was guilty of contributory negligence in not abandoning the car, and seeking his own safety.