The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and England
Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson
Edward Thompson Company, 1891
Covers cases decided [1879?]-1895.
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accident action alleged allowed amount answer appeal apply assessment authority award bridge building cause charge Chicago claim common compensation condemnation condition conductor consideration considered constitution construction corporation court crossing damages danger death defendant defendant's determined direction duty effect employes engineer entered entitled error evidence exercise existence fact farm filed follows further give given ground held injury instruction judge judgment jury land liable matter necessary negligence notice objection operation opinion owner party passenger passing person petition plaintiff present proceedings proper question rail railroad company railway railway company reason received recover relation respect result river road rule running servant side station statute stop street sufficient sustained taken testified testimony tion track train trial verdict witness York
Página 91 - Territory, which shall have filed, or may hereafter file, with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same...
Página 269 - And when, in any suit mentioned in this section, there shall be a controversy which is wholly between citizens of different States and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the district court of the United States for the proper district.
Página 92 - States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road...
Página 490 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Página 447 - Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim thereon, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases in which the same might have been maintained by or against their respective testators or intestates...
Página 687 - 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...
Página 513 - we see no reason, so long as the jury system is the law of the land, and the jury is made the tribunal to decide disputed questions of fact, why it should not decide such questions as these as well as others.
Página 567 - Negligence of the company's employees in these particulars was no excuse for negligence on her part. She was bound to listen and to look, before attempting to cross the railroad track, in order to avoid an approaching train, and not to walk carelessly into the place of possible danger.
Página 32 - Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory...
Página 24 - When proceedings have been commenced in court, the railway company shall pay double the amount of the award into court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railway.