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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Page 5
... side of which was perpendicular ; and that said place was a dangerous place for passengers to alight from said train ; and that said place was not the usual and ordinary stopping - place for freight trains at said station ; and that the ...
... side of which was perpendicular ; and that said place was a dangerous place for passengers to alight from said train ; and that said place was not the usual and ordinary stopping - place for freight trains at said station ; and that the ...
Page 12
... side of the yard , and allowing it to remain there for some 20 or 30 minutes , and in doing some switching in the meantime ; nor will it be claimed that the company was guilty of negligence in again moving the train forward towards the ...
... side of the yard , and allowing it to remain there for some 20 or 30 minutes , and in doing some switching in the meantime ; nor will it be claimed that the company was guilty of negligence in again moving the train forward towards the ...
Page 51
... side track , while the waiting room was being cleaned , he assuring her that the car would remain there . Without signal or notice of any kind the train to which the car was attached began to be moved out by an engine , with neither ...
... side track , while the waiting room was being cleaned , he assuring her that the car would remain there . Without signal or notice of any kind the train to which the car was attached began to be moved out by an engine , with neither ...
Page 58
... side or the other , but that , upon the whole evidence , the jury believe the greater probability of the truth to be upon the side of the party having the affirmative of the issue . " It is claimed that this instruction allowed the jury ...
... side or the other , but that , upon the whole evidence , the jury believe the greater probability of the truth to be upon the side of the party having the affirmative of the issue . " It is claimed that this instruction allowed the jury ...
Page 74
... side of the track ; she was told by the station agent to cross the track , as the train she was to take was approach- ing . While in the act of crossing she was killed by the approaching train . Held , that if at the time the station ...
... side of the track ; she was told by the station agent to cross the track , as the train she was to take was approach- ing . While in the act of crossing she was killed by the approaching train . Held , that if at the time the station ...
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Common terms and phrases
accident action agent alleged animals appellant appellee authority Boston bound brakeman caboose carrier cattle cattle-guard cause Cent charge Chicago circuit court circumstances claim common carrier complained condition conductor constitution contract contributory negligence corporation counsel coupling cars danger deceased defective defendant defendant's direction duty employees engine entitled error evidence exercise fact fence flat car freight train held highway injury instruction intestate Iowa judgment jury killed liable Louisville main track matter Opelika ordinary pany party passed passenger Pennsylvania Co person plaintiff plaintiff in error question R. R. Cas rail Railroad Co railroad company railway company rates reason received recover damages refused rendered risks road rule run at large servants side track station statute stop the train sufficient sustained switch tending to show testimony ticket tion train dispatcher trial verdict witness yard
Popular passages
Page 71 - ... the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person...
Page 578 - ... no greater burdens should be laid upon one than are laid upon others in the same calling and condition, and that in the administration of criminal justice no different or higher punishment should be imposed upon one than such as is prescribed to all for like offenses.
Page 666 - America in congress assembled, 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...
Page 466 - Corporations may be formed under general laws ; but all such laws may, from time to time, be altered or repealed.
Page 354 - 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...
Page 558 - Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive in his person, property or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.
Page 657 - ... short haul than for a long haul over the same line in the same direction...
Page 475 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation ; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.
Page 465 - State as to the manner in which they are operated, with reference to the security and accommodation of the public...
Page 610 - ... trespass, yet where private papers are removed and carried away the secret nature of those goods will be an aggravation of the trespass, and demand more considerable damages in that respect. Where is the written law that gives any magistrate such a power? I can safely answer, there is none; and therefore it is too much for us, without such authority, to pronounce a practice legal which would be subversive of all the comforts of society.