Commentaries on the Law of Negligence in All Relations: (including a Complete Revision of the Author's Previous Works on the Same Subject)

Seymour Dwight Thompson

Bowen-Merrill Company, 1902

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SECTION

CHAPTER

SECTION

CHAPTER	1

Contributory Negligence of the Pas	2

Who not common carriers of passengers	7

Refusing to carry persons who have previously refused to pay fare	13

Duty to carry according to published advertisements	19

Expressions of this rule of diligence in railway cases	286

Other such expressions as to railway carriers 2821 Must adopt rules and regulations to insure safety and conform to them	288

Injuries from overloading passenger cars	289

Injuries in consequence of collisions between trains of the same company	291

Further of such collisions	292

Collisions with trains of other companies	294

Injuries in shunting cars against cars carrying passengers 2827 Injuries in consequence of excessive speed 2828 Effect of the acquiescence of the co...	296

Injuries to passengers from leaving ice on the platforms of cars	299

Duty to carry on the particular train for which a ticket is pur chased 2558 Carrier liable for carrying passenger beyond his destination	24

Measure of damages for being carried beyond destination	26

Carrying passenger beyond his station where it has been duly called and the train stops 2561 What if train does not stop at station called for by the tic...	27

Duty of passenger to make inquiry as to whether train stops at his station	28

Further of the rights of the passenger who boards a train which does not stop at his proper station	29

Duty of the conductor in such cases	30

Statutory obligation to stop train after ticket calling for a par ticular station is taken	31

Constitutionality of State statutes requiring interstate trains to stop at certain stations	32

Obligation to stop at other points than regular stations	34

Passenger acting on erroneous information given by the ticket agent	35

Passenger acting on erroneous information given by conductor or train agent	37

Further of the effect of mistakes of the train conductor	38

Passenger acting upon information given by inferior employés 2572 Right of passenger to a seat	39

Right to a seat in a parlor	40

Right of colored persons to be carried according to contract 2575 Statutory fares and overcharges 2576 Measure of damages for refusing to carry ac...	42

Questions of procedure in actions for carrying passengers beyond their destination	43

PASSAGE TICKETS SECTION 2581 Nature of passage tickets	44

Prima facie but not conclusive evidence of right of passage 2583 Transferability of passage tickets	46

Interpretation of passage tickets 2585 Passage ticket furnishes evidence to the conductor of the real con tract 2586 Effect of unstamped tickets	48

Mistakes and misprisions of the ticket agent	50

Right to rely on the apparent authority of the person officiating in the ticket office	52

Tickets purchased from brokers or scalpers	53

Rights of passengers holding excursion tickets	54

Tickets over connecting lines	55

Transfers from one car to another on the same line	58

Regulations and restrictions annexed to such transfers	59

Transfers given to street railway passengers	60

Right to stop short of destination on continuous trip tickets 2597 Right to stop off and resume journey on same ticket	61

Further of the right to stop off and resume journey	63

Tickets limited as to time	63

Interpretation of such time limits	66

Statutes regulating such tickets	68

Tickets good for this trip only good for this day only	69

Application of this rule to commutation tickets 2604 Other applications of this rule	70

Application of this rule in the case of connecting carriers 2606 Extensions of limited tickets	71

Identity of the holder of the ticket	72

Collecting extra fare from passengers without tickets	73

When this extra fare can not be demanded	74

When ticket offices to be kept open	76

When railroad waitingrooms are to be kept open 2612 Statutory regulations upon this subject	77

Regulations requiring passengers boarding cars outside of station to pay extra fare although they have already paid fare in the station	78

Illegible tickets	79

Meaningless conditions in tickets 2616 Commutation coupon and roundtrip tickets	80

Rights of persons travelling on free passes	81

Actions by railroad companies against passengers to recover fares 2619 Other holdings relating to railway tickets	83

SPECIAL CONTRACTS OF CARRIAGE SECTION 2624 Special contracts for carriage	84

Special contracts printed on commutation tickets	85

Assent of passenger to conditions in such contractsTheory under which assent presumed	86

Doctrine that knowledge of conditions must be brought home to	87

Waiver of conditions in passage tickets	88

Circumstances where there was no such waiver	90

Tickets procured through fraud	92

CHAPTER LXXXIX	94

Relation of carrier and passenger how created	95

Who deemed a passenger	96

Persons on board carriers vehicle presumed to be passengers	98

Point of time at which the relation commences	100

Further as to when the relation commences	101

Still further of this subject	102

Status of passenger not created by mere preparation to become a passenger	104

Status of passenger as dependent upon payment of fare	105

Further of the status of passenger as dependent upon the payment of fare	106

Still further as to the effect of the nonpayment of fare	108

Prepayment of fare not necessary to constitute one a passenger on a street car 2646 Persons riding gratuitously with the invitation or consent of the ca...	109

Who a passenger for hire 2648 Stockdrovers	112

Mail agentsPostal clerks	114

Soldiers transported under contract with the Government 2651 Express messengers	116

Express messengers learning the run 2653 Persons employed on a private car 2654 Employés of the carrier when deemed servants	118

When such employés deemed passengers	120

Employés of sleeping car companies 2657 Persons engaged in business on the carriers vehicle	121

Persons attending passengers arriving or departing	122

Passenger temporarily absent from carriers vehicle	124

Doctrine that temporary absence temporarily suspends relation of carrier and passenger	126

Persons on board trains delayed by accidents 2662 Status of person carried beyond destination while being brought back 2663 When the relation of ...	127

Further as to when the relation terminates	128

When the relation terminates in case of passengers on street cars	129

Who deemed passengers on freight trains	131

Persons riding on freight train by the mere permission of the conductor	132

Person riding on freight train by invitation of inferior train servants	134

Who not deemed such a passenger 2670 Idlers and spectators upon the carriers premises	135

Person riding in improper place on carriers vehicle	136

Persons riding on hand cars	138

Passengers riding upon the wrong train	140

Duty of carrier to guard against injury to strangers who are not trespassers 2675 Burden of proof to show that person is not a passenger	141

CHAPTER XC	142

A general statement of this duty 2679 Not an insurer but liable for reasonable care only	143

Applications of this doctrine	144

Doctrine that carrier is bound to use extraordinary care as to the safety of stations grounds etc 2682 To what portions of the carriers grounds this dut...	146

Extends to providing safe waitingrooms for passengers 2684 Extends to providing safe toiletrooms annexed to waitingrooms 2685 To whom this dut...	149

Extends to all persons lawfully there on business with the carrier	150

Does not extend to mere idlers and spectators	151

Extends to providing safe platforms	152

Further of the duty of providing safe platforms	154

Still further of this duty	155

Duty to keep platforms approaches thereto and stations lighted at night	156

Instances of negligence in failing to keep premises lighted	158

Other such instances	159

Further illustrations showing the extent of this duty	160

Cases of defective platforms where the carrier was exonerated	163

Care of platform maintained jointly by two companies 2697 Right of passenger to assume that the platform is safe	164

Other instances of negligence with respect to the carriers premises 2699 This duty extends to providing safe passageways	168

Illustrations of this duty	169

Extends to care in moving trains so as not to injure passengers 2702 Extends to providing safe means of ingress to carriers vehicle	171

Extends to providing passenger with safe means of alighting from carriers vehicle	172

And safe means of egress therefrom	174

Duty to protect alighting passengers from being struck by other trains	175

Duty to provide servants to guide and direct passengers 2706a Duty to provide guards to control crowds and prevent injury to passengers	177

Duty to provide safe passage to and from mail cars 2708 Duty to provide safe passage to and from refreshment rooms	178

Duty to provide safe passageways to and from baggage rooms 2710 Duty to provide safe passage to and from its telegraph office	179

Passengers injured by throwing mail sacks from moving trains	180

Application of these principles to street railways	181

In the case of passengers on elevated railways	182

In case of passengers on freight trains	183

Duty of providing safe wharves by carriers by water 2716 Injuries to waiting passengers through carelessness of the carriers	184

Negligence with Respect to Passengers on Freight	186

Bound to use the highest practicable degree of care	192

Liability for slight negligence	198

Theory that this duty renders carrier liable although the proximate cause is the negligence of a third person 2735 To whom this measure of care is du...	199

Further of this duty of care towards feeble or helpless passengers	201

This care varies with the situation of passenger 2738 Greater care required in favor of passengers under disabilities 2739 This duty of care illustrated ...	202

In the case of a passenger who is intoxicated	203

This rule of diligence does not exclude the defense of the contrib utory negligence of the passenger	204

Instance of an instruction demanding too strict a standard of diligence	205

Another instance of such an instruction	208

The modern English rule of reasonable care	209

Further of the English rule	210

American expressions of this rule of ordinary care	211

Comments on the reasonable care doctrine	212

Doctrine that the rule of extraordinary care applies only to the carriers means of transit	213

Circumstances under which the carrier is bound only to ordinary care as toward the passenger	215

This obligation of care toward passengers how affected by statute	216

PRESUMPTION OF NEGLIGENCE FROM THE HAPPENING OF TIIE ACCIDENT SECTION 2754 Nature of this presumption	217

A further explanation of this presumption	219

This presumption arises not from the happening of the accident but from a consideration of the cause of the accident	221

Arises only where the accident proceeds from something within the control of the carrier 2758 An approved judicial statement of this presumption	223

This presumption arises from accident to carriers vehicle 2760 This presumption arises where injury proceeds from carriers servant 2761 Illustrations...	224

Further illustrations	226

2763 No such presumption where the defect is equally known to the pas senger and the carrier	227

Nor where the accident proceeds in part from a voluntary move ment on the part of the passenger	229

Nor where the accident proceeds from something wholly discon nected from the business of the carrier and which he is not bound to provide against	230

Nor where the injury proceeds from the act of God	231

Nor where the injury proceeds from the act of another passenger or other third person	232

Further of this exception	233

Nor where cause of accident is not susceptible of proof	234

Burden of rebutting this presumption rests on the carrier	235

What the carrier must prove to rebut this presumption	236

Further of evidence to rebut this presumption	237

This presumption takes the question of negligence to the jury in all cases	238

Evidence to overthrow this presumption	239

Rules under particular statutes	240

PROXIMATE AND REMOTE CAUSE OF INJURY OR DAMAGE SECTION 2778 The negligence of the carrier must have been the proximate caus...	242

Concurring negligence of the carrier and a third person 2780 Concurring negligence of two carriers who undertake to transport the passenger 2781 J...	245

Remoteness of damages in such cases	247

Damages in such cases held too remote	248

NEGLIGENCE IN FAILING TO PROVIDE A SAFE VEHICLE AND ROADWAY SECTION 2785 Degree of care imposed upon carrier in this parti...	249

Carrier bound to make what tests	251

Obligation to adopt the latest improvements	252

Qualification of this doctrine	253

No liability for accidents caused by latent undiscoverable defects 2790 Obligation extends to adopting a suitable kind of appliance 2791 Carrier not n...	256

Not enough that the appliance was such as was ordinarily in use unless it was reasonably safe	257

Care demanded in inspecting a railroad passenger train	258

Necessity of inspection a question of fact for a jury 2795 This question how submitted to a jury	259

Duty of railway carrier in respect of the safety of its roadway 2797 Further of this duty	262

Application of these principles to washouts caused by extraordinary storms	263

Further of sudden floods and washouts	265

Further of this subject	267

Application of these principles to cases where rails axletrees etc are broken by frost	269

Rule where the accident is in part produced by an unforeseen cause 2803 What other latent defects have been held actionablewhat not actionable 280...	271

Further of the negligence of the manufacturer or contractor	272

Responsible for slight negligence of manufacturer of his means of transportation 2807 Competency of manufacturer or contractor an evidentiary fact...	274

Degree of care required of company furnishing motive power 2809 Presumption of negligence from derailment of train	275

Further of the presumption of negligence from the fact of derail	277

ment	278

Derailment caused by broken rail 2812 Derailment caused by breaking of wheel through secret defect	279

Derailment caused by giving way of the track	280

Evidence in case of injuries from derailments 2815 Questions of procedure and evidence connected with the subject of this article	281

Other applications of these principles	284

NEGLIGENCE OF RAILWAY CARRIERS IN OPERATING THEIR TRAINS SUBDIVISION 1 In General SECTION 2818 Degree of care required ...	285

Injuries to passengers through sudden jerking lurching etc of the	300

Cutting off sleeping car and leaving passenger behind	301

Duty to stop and rescue passengers 2833 Duty of railway companies to heat their cars	302

Liability of railway carrier for communicating contagious diseases 2836 Application of these principles in the case of elevated railways	304

Statutory safeguards	305

Derailments from other causes than defects in carriers roadway vehicle	306

Instances where the railway carrier of passengers was held liable	308

Instances where the carrier was exonerated from the charge of neg ligence	309

Questions of fact for the jury	311

Duty to warn passengers of danger 2844 Duty to warn passengers against taking the wrong route 2845 Not in general bound to assist passengers in g...	312

Injuries in consequence of assistance of trainmen	319

Duty to Enable Passenger to Board Train and Be come Seated SECTION 2854 Duty to afford reasonable time for passenger to get aboard train 2855 ...	320

Negligence of passenger injured in boarding train while in motion	322

Duty to afford time to enable passengers to become seated	323

Failing to provide passengers with seats	324

Duty to Allow Passenger a Reasonable Opportu nity to Alight in Safety SECTION	325

Duty to afford passenger a reasonable opportunity to alight safely	326

Further of this duty	327

Degree of care required of railroad company in this respect	329

Duty of conductor to know whether he has on board passengers desiring to alight at a particular station	330

This reasonable time must be adjusted to the age the sex the in firmities the extreme youth of the passenger and to other cir cumstances	331

when not negligent	332

Instructions to juries with reference to this duty	333

Statutes prescribing the length of time trains are to stop at sta tions	334

Duty to announce the names of stations	335

Stopping train before reaching station 2871 Stopping train at improper or dangerous place	336

Duty to give signals before starting	337

Further of this subject	339

persons entering the cars to assist passengers	340

Injuries from starting trains with a sudden motion	341

Further of starting trains with a sudden motion	342

Injuries to passengers alighting while train in motion	343

Further of alighting while train in motion	345

Effect of an invitation to alight express or implied 2881 Whether calling out the name of the station constitutes an invita tion to alight	347

English theories upon this question	348

What other acts constitute an invitation to alight	350

Circumstances under which passenger hurt in obeying invitation to alight can not recover damages	351

Injuries through defective appliances to passengers while alighting	352

Injuries to passengers upon the companys tracks in getting on and	353

Carrying the Passenger beyond his Proper Station SECTION 2890 Carrying passenger beyond his station	355

Further of carrying passenger beyond station	355

Carrying passenger beyond destination viewed as a breach of con tract or as a tort	357

Further of this wrongWhat damages recoverable	358

Contributory negligence of the passenger in allowing himself to be carried beyond his proper station 2895 Duty of the conductor when the passenger...	360

Examples of injuries of this kind	361

Limitations on the foregoing doctrine	362

Circumstances under which the carrier taking the passenger be yond his station will be exonerated	363

Carrier not liable for injuries resulting from mistakes of passenger	364

Trains	365

What injuries to passengers on freight trains are prima facie	371

Contributory negligence of passengers on freight trains	372

Riding in cars other than caboose	377

Injuries received by sudden jolts and jars while the train is at	378

Application of the doctrine of contributory negligence in the case	383

Whether contributory negligence in this relation is a substantive defense which must be pleaded and proved	385

Rule where the inference of contributory negligence arises out of the plaintiffs own testimony 2926 Want of care on the part of the passenger must c...	386

Passenger acting erroneously under impulse of fear produced by negligence of the carrier	387

Illustrations of this principle	388

Cases to which this rule does not apply	389

How far passenger entitled to presume that carrier has done his duty	390

Following directions of carriers servants	391

Leaping from railway train under advice or orders of conductor or trainmen	393

Circumstances where passenger not excused in obeying such advice	394

Contributory negligence of passengers under disabilities	396

Contributory negligence of trespassers 2937 Instances where contributory negligence was imputed	397

Instances where contributory negligence was not imputed 2939 Contributory negligence no bar to an action for an assault or ejec tion from the train ...	401

RIDING IN AN IMPROPER PLACE POSITION	402

Leaving seat and going to a more dangerous place	408

Riding on platform or steps of steam railway	409

Further of riding on such platform or steps	410

What will excuse the passenger in so riding	411

Further of such excuses or circumstances of justification	412

Further of this subject	413

Doctrine that the act of the passenger in so riding is not negligence	414

Going to the platform preparatory to alighting before the train comes to a stop 2954 Riding on the platform of a street	416

Riding on the platform of a street car when there is no room inside	418

When standing on street car platform contributory negligence 2957 Riding on steps or footboard of street	420

Riding in express or baggage	421

Exception where the duties of the passenger require him to ride in the baggage or express	422

Exception where he is so permitted to ride by the conductor or baggage master	423

Effect of the consent acquiescence or invitation of the servants of the company	424

Contributory negligence of stockmen	425

Riding in caboose car of freight train	426

Riding on top of cars 2966 Further of riding on the top of a railway train	428

Standing on the seat or standing or walking in the aisle or passage	429

Acts of this kind to which contributory negligence was not imputed 2969 Passing from one car to another while train in motion	431

Riding standing	432

Sitting by an open window	433

Riding with arm or head or body out of window	434

Cases holding that this is not contributory negligence	436

Other such cases	437

Whether the railroad company should erect barricades or guards to prevent people from putting their hands and arms out of the window 2976 Ridin...	439

Injuries caused by the opening and shutting of doors	440

Passengers hand crushed in the jamb of a door 2979 Cases of this kind where contributory negligence not imputed 2980 Cases of this kind where the...	442

Passenger assuming dangerous position in consequence of order of carriers servant	443

Assuming other dangerous positions	444

Instances where the assuming of a dangerous position was not deemed contributory negligence but presented a question for the jury	445

NEGLIGENCE IN BOARDING CARRIERS VEHICLE SECTION	446

Right of passenger to assume that the approach is safe	447

Further of this right to assume etc 2989 Care required in crossing intervening tracks to board the train	448

Attempting to reach train by a dangerous way where a safe way has been provided	450

Crawling under one train to reach another	451

Boarding cars by improper methods 2995 Not negligence per se to attempt to board a train in motion	453

Illustrations of this rule	455

Not negligence to assist another to board a moving train	456

Doctrine that to attempt to board a moving train is negligence 2999 Attempting to board a rapidly moving train is negligence 3000 Other cases wher...	458

When the act of the passenger deemed the proximate cause of his injury	460

Boarding the train while standing stilltrain suddenly starting 3003 Attempting to board cars where the doors of the cars are locked	461

Attempting to board an elevated railway train while in motion 3005 Attempting to board train although proper facilities are not afforded for boardin...	462

Passenger injured in getting on wrong train 3007 Attempting to enter a stagecoach in motion	463

NEGLIGENCE IN ALIGHTING FROM CARRIERS VEHICLE SECTION 3010 Degree of care required of the passenger in alighting	464

When negligence to leap from a train in motion	465

Cases in which it was so held	467

Conclusion from these cases restated	469

Is prima facie evidence of negligence taking question to jury 3015 When not negligence to leap from a railway train in motion	470

How in the case of women	473

Where the train has stopped a sufficient time for the passenger to alight	475

Alighting from moving train where passenger is carried beyond his station	477

Further of conduct of passenger carried beyond his station	479

Some illustrations of the doctrine of the preceding section	480

Other instances of injuries of this kind where recovery was denied	481

Where the train does not stop long enough to enable the passenger to get	482

Where the train begins to move while the passenger is alighting	483

Illustrative holdings	485

Leaping from train in order to avoid an impending peril real or apparent	486

Further of leaping from the train under impulse of fear produced by negligence of carrier	487

Leaping from the train under advice or commands of carriers servants	488

Circumstances under which contributory negligence ascribed to such acts	490

Instances of leaping from moving trains where the recovery of damages has been denied	492

Alighting while train in motion in consequence of mistake of pas senger	493

Passenger attempting to alight thrown down by a sudden jerk or 1 increase of motion 3033 Passengers stepping into the space between the car and th...	497

Passengers stepping into the space between the car and the plat	498

Alighting from moving train in disregard of the warnings of the carriers servants 3035 Alighting from the wrong door 3036 Negligence of passenger...	499

Passenger injured in disembarking from ferryboat 3038 Other questions growing out of injuries to passengers in alighting	500

Instructions in cases of injuries caused by alighting from railway trains while in motion	501

ALIGHTING AT IMPROPER OR DANGEROUS PLACE 2 합 SECTION	502

Alighting from railway train at improper or dangerous place	503

Further of alighting at improper or dangerous place	504

Alighting at a place where there is no platform	506

When contributory negligence imputable to such an	507

3046 Alighting on wrong side of train	510

Alighting after station is called but before train stops	512

Alighting where the station is called but the train stops before reaching it 3049 Crawling between two cars of a freight train in making exit from passe...	513

Passenger in alighting struck by engine or train on another track	514

Further of alighting passenger being run over on another track 3052 Alighting inside the turnloop of an electric railway 3053 Conduct of passenger ...	516

Questions of procedure in these cases ARTICLE VI FAILING TO PROTECT HIMSELF AGAINST DANGERS IN AND ABOUT PREMISES OF CA...	517

Negligence of carrier does not absolve passenger from duty of exercising care	519

Passenger getting hurt on carriers grounds	521

CHAPTER XCIII	528

Illustrations of the foregoing	534

CHAPTER XCIV	541

Caution required in the discharge of this duty	546

Not responsible for assaults the result of previous enmities	552

This duty extends to protecting passengers against the carriers	558

Confusing theories on this question	564

Power of station agents to establish regulations	567

Effect of the habitual violation of its rules by the carrier	568

Custom or usage created by course of conduct	569

VALIDITY OF VARIOUS POLICE REGULATIONS SECTION 3119 Regulations releasing carrier from the high degree of care imposed on him by	570

Separation of passengers according to	571

Classification of passengers according to color	572

Whether interstate carriers may make such classification 3123 This question how affected by the late Civil Rights	573

Statutory prohibition under which such separation unlawful 3125 Colored passenger entitled to equal accommodations with white passenger	575

Right of colored passenger to damages for the refusal of equal accommodations with white passengers 3128 Ejecting colored passengers from waitin...	576

Excluding runners peddlers hotel managers etc from carriers vehicles and premises	577

Excluding idlers hackmen etc from carriers premises 3131 Excluding drunken persons from platforms of street cars	579

Prohibiting passengers from riding on the platforms of the cars 3133 Preventing passengers from boarding trains while in motion 3134 Prohibiting p...	580

Validity of various regulations of steam railway carriers 3137 Regulations which have been held void	581

Interpretation of various regulations ARTICLE III REGULATIONS RESPECTING THE PURCHASE OF TICKETS AND THE PAYMENT OF FARE...	582

Regulations as to the exhibition and delivery of tickets	584

Requiring passengers to ex it tickets to gatekeeper 3144 Regulation requiring identification of purchasers of tickets 3145 Rights of passenger who has...	587

Rights of passenger where conductor has wrongfully taken up his ticket 3147 Expulsion of persons refusing to pay fare	589

REGULATIONS RESPECTING PASSENGERS ON FREIGHT	593

Rights of persons so boarding the freight train in case of a negli	597

Negligence and Other Torts of Street	854

3087 Duty to control or expel drunken dangerous or disorderly passen	1095

Statutory penalties in England for riding without paying fare 3149 Regulations as to mileage books 3150 Requiring passengers to procure stopover ti...	1101

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Commentaries on the Law of Negligence in All Relations: (including a ...
Seymour Dwight Thompson
Vista completa - 1905

Commentaries on the Law of Negligence in All Relations: (including a ...
Seymour Dwight Thompson
Vista completa - 1901

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Términos y frases comunes

accident action agent alight attempting authority baggage bound carrier carry caused charge Chicago &c circumstances cited City common condition conductor consequence contract contributory negligence court damages danger decision defendant destination doctrine duty effect ejected enter entitled evidence exercise fact failed fare freight train give ground hand held hold injury instruction jury leave liable Louis &c Louisville &c Mass means moving N. E. Rep negligence ordinary particular Pass passage passenger person plaintiff platform prevent proper purchased question Rail railroad company railway railway company reasonable received recover refused regulation respect responsible ride road rule running S. W. Rep safe safety seat senger servants South standing started station statute steps stop street sufficient ticket tion track train transportation trespasser vehicle wrong York &c

Pasajes populares

Página 272 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.

Aparece en 125 libros desde 1833-2006

Página 205 - 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.

Aparece en 346 libros desde 1832-2008

Página 246 - It was their duty to require from the wagon company some distinct assurance that it had been thoroughly examined and repaired." The learned judge thought the last answer immaterial, and directed a verdict for the defendants, reserving leave to the plaintiff to move to enter a verdict for him for...

Aparece en 121 libros desde 1829-2002

Página 185 - Every railroad company, as aforesaid, shall be liable for all damages inflicted upon the person of passengers while being transported over its road, except in cases where the injury done arises from the criminal negligence of the persons injured, or when the injury complained of shall be the violation of some express rule or regulation of said road actually brought to his or her notice.

Aparece en 59 libros desde 1874-1966

Página 713 - In consideration of receiving this free pass, each of the persons named thereon, using the same, voluntarily assumes all risk of accidents, and expressly agrees that the company shall not be liable under any circumstances, whether of negligence of...

Aparece en 75 libros desde 1833-2002

Página 593 - He must not only protect his passenger against the violence and Insults of strangers and co-passengers, but a fortiori against the violence and insults of his own sen-ants.

Aparece en 44 libros desde 1833-1988

Página 246 - The jury answered the first question in the affirmative and the second in the negative.

Aparece en 188 libros desde 1758-2003

Página 182 - It has been accordingly held that passenger carriers bind themselves to carry safely those whom they take into their coaches, as far as human care and foresight will go, that is, for the utmost care and diligence of very cautious persons, and of course they are responsible for any, even the slightest, neglect.

Aparece en 81 libros desde 1832-1992

Página 577 - The carrier's obligation is to carry his passenger safely and properly, and to treat him respectfully; and if he intrusts the performance of this duty to his servants, the law holds him responsible for the manner in which they execute the trust.

Aparece en 39 libros desde 1870-1977

Página 712 - That it is not just and reasonable in the eye of the law for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants.

Aparece en 144 libros desde 1843-1999

Información bibliográfica

QR code for Commentaries on the Law of Negligence in All Relations

Título	Commentaries on the Law of Negligence in All Relations: (including a Complete Revision of the Author's Previous Works on the Same Subject) Volumen3 de Commentaries on the Law of Negligence in All Relations:, Seymour Dwight Thompson
Autor	Seymour Dwight Thompson
Editor	Bowen-Merrill Company, 1902
Procedencia del original	Universidad de Harvard
Digitalizado	29 Oct. 2007

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