A Treatise on the Law of Carriers of Passengers, Volumen1West publishing Company, 1897 - 1693 páginas |
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Otras ediciones - Ver todas
Términos y frases comunes
A. R. Co accident affirming baggage baggage car caboose car steps carriage carrier of passengers carry charge coach collision common carrier company liable conductor contract contributory negligence court crossing damages danger defect defendant defendant's depot destination diligence driver duty employés engine evidence of negligence fact failure fare female passenger freight train front platform gence guard guilty of contributory guilty of negligence held injuries sustained intervening cause Iowa jury leave the car liable for injuries Mass matter of law Minn moving train N. Y. Supp negligence per se nighttime ordinary pany passenger car passenger train passenger's Pennsylvania Co person plaintiff proximate cause prudent question rail Railroad Co railroad company Railway Co reasonable recover for injuries riding rule running safe safety senger servants South station platform statute street car ticket tion train hands transportation
Pasajes populares
Página 643 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
Página 636 - The object of the amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a commingling of the two races upon terms unsatisfactory to either.
Página 649 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Página 636 - In determining the question of reasonableness it is at liberty to act with reference to the established usages, customs, and traditions of the people, and with a view to the promotion of their comfort, and the preservation of the public peace and good order.
Página 637 - The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the negro except by an enforced commingling of the two races.
Página 638 - We boast of the freedom enjoyed by our people above all other peoples. But it is difficult to reconcile that boast with a state of the law which, practically, puts the brand of servitude and degradation upon a large class of our fellow citizens, our equals before the law. The thin disguise of "equal" accommodations for passengers in railroad coaches will not mislead anyone, nor atone for the wrong this day done.
Página 26 - Twelve men of the average of the community, comprising men of education and men of little education, men of learning and men whose learning consists only in what they have themselves seen and heard, the merchant, the mechanic, the farmer, the laborer; these sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment thus given it is the great effort of the law to obtain. It is assumed that twelve men know...
Página 248 - But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Página 637 - Every one knows that the statute in question had its origin in the purpose, not so much to exclude white persons from railroad cars occupied by blacks, as to exclude colored people from coaches occupied by or assigned to white persons.
Página 301 - ... the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.