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, 1885 Covers cases decided [1879?]-1895. |
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Resultados 1-5 de 100
Página 6
... appear that he rode there by any positive command or coercion from his superior . The testimony on that point was this : After the work of the day was done , the foreman said to him and others of his gang that there were twenty minutes ...
... appear that he rode there by any positive command or coercion from his superior . The testimony on that point was this : After the work of the day was done , the foreman said to him and others of his gang that there were twenty minutes ...
Página 9
... appears to have been a matter of rare occurrence for them to be in motion at that hour . Nevertheless , appellee does not appear to have been any the less careful on this ground , for he testifies that just before receiving the injury ...
... appears to have been a matter of rare occurrence for them to be in motion at that hour . Nevertheless , appellee does not appear to have been any the less careful on this ground , for he testifies that just before receiving the injury ...
Página 11
... appears , from the evidence , on the extreme west side of the depot grounds two signs were erected , warning all persons to keep off the tracks , and informing them if they went upon them it was at their peril . It does not distinctly ...
... appears , from the evidence , on the extreme west side of the depot grounds two signs were erected , warning all persons to keep off the tracks , and informing them if they went upon them it was at their peril . It does not distinctly ...
Página 12
... appears that the deceased was between 18 and 19 years of age at the time of his death ; that he had worked on the rail- road in different capacities , such as wiping engines , spiking and doing work in constructing the road , and had ...
... appears that the deceased was between 18 and 19 years of age at the time of his death ; that he had worked on the rail- road in different capacities , such as wiping engines , spiking and doing work in constructing the road , and had ...
Página 24
... appear to have performed this duty on this trip . On the way back to St. Joseph , while the train way running at " a usual rate of speed , about twenty miles an hour , " the wheels of the engine jumped the rails and after running about ...
... appear to have performed this duty on this trip . On the way back to St. Joseph , while the train way running at " a usual rate of speed , about twenty miles an hour , " the wheels of the engine jumped the rails and after running about ...
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Términos y frases comunes
accident action affirmed agent alleged appellant appellee authorities baggage Baltimore bill of lading brakeman carried cause charge Chicago Circuit Court circumstances City commerce common carrier complained conductor consignee contract contributory negligence corporation cotton Council Bluffs counsel declaration defective defendant delay delivered delivery demurrer depot destination duty employés engine evidence Express Company facts freight held injury instruction inter-State Iowa Jeffersonville judgment jury legislature liable loss Louis matter motion Ohio opinion ordinary Orleans pany party pass passenger pay his fare person plaintiff in error platform proof proper question R. R. Cas R. R. Co Railroad Co railroad company Railway Company reasonable received recover damages refused regulations result risk rule safe servants shipment shipped shipper Southern Express Co station statute stop supra sustained switch testified testimony ticket tion tort track train transportation trial verdict witness York
Pasajes populares
Página 115 - 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 defendants, that the accident arose from want of care.
Página 152 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Página 81 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether 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.
Página 610 - ... negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater. The articles have no greater value, for the purposes of the contract of transportation, between the parties to that contract. The carrier must respond for negligence up to that value. It is just and reasonable that such a contract, fairly entered into, and where there is no deceit practiced on the shipper, should be upheld.
Página 610 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.
Página 612 - The distinct ground of our decision in the case at bar is that, where a contract of the kind, signed by the shipper, is fairly made, agreeing, on a valuation of the property earned, with the rate of freight based on the condition that the carrier assumes liability only to the extent of the agreed valuation, even in case of loss or damage by the negligence of the carrier, the contract will be upheld as a proper and lawful mode of securing a due proportion between the amount for which the carrier may...
Página 446 - ... savings banks, banks of discount and deposit (but not of issue), loan, trust, and guaranty associations, for the establishment and conduct of cemeteries, and for the construction and operation of railroads, wagon roads, vessels, and irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any other benevolent, charitable, or scientific association.
Página 612 - ... without at the time of such lading giving to the master, clerk, agent, or owner of such vessel receiving the same a written notice of the true character and value thereof, and having the same entered on the bill of lading therefor, the master and owner of such vessel shall not be liable as carriers thereof in any form or manner; nor shall any such master or owner be liable for any such goods beyond the value and according to the character thereof so notified and entered.
Página 187 - When the question arises upon a state of facts on which reasonable men may fairly arrive at different conclusions, the fact of negligence cannot be determined until one or the other of these conclusions has been drawn by the jury. The inferences to be drawn from the evidence must either be certain and incontrovertible, or they cannot be decided upon by the court. Negligence cannot be conclusively established by a state of facts upon which fair-minded men may well differ.
Página 475 - That by virtue of this, it is not only the right, but the bounden and solemn duty of a state to advance the safety, happiness and prosperity of its people, and to provide for its general welfare, by any and every act of legislation, which it may deem to be conducive to these ends ; where the power over...