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, 1833 Covers cases decided [1879?]-1895. |
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Página 8
... necessary to repeat it . For the same reason , the court did not err in refus- ing the defendant's request for the fourth special instruction . Under the general charge the jury were only authorized to find for plaintiff in the event ...
... necessary to repeat it . For the same reason , the court did not err in refus- ing the defendant's request for the fourth special instruction . Under the general charge the jury were only authorized to find for plaintiff in the event ...
Página 11
... necessary that any positive act of care shall be proved . It may be inferred from mere absence of fault , when suffi- presumed to cient circumstances are shown to fairly exclude the negligent . idea of negligence on his part . If a ...
... necessary that any positive act of care shall be proved . It may be inferred from mere absence of fault , when suffi- presumed to cient circumstances are shown to fairly exclude the negligent . idea of negligence on his part . If a ...
Página 12
... necessary precautions of those who are about to cross a railroad track , upon which a train or a car might be approach- ing . In the utter absence of evidence as to what Hinckley did after the time when his conduct became a matter of 12 ...
... necessary precautions of those who are about to cross a railroad track , upon which a train or a car might be approach- ing . In the utter absence of evidence as to what Hinckley did after the time when his conduct became a matter of 12 ...
Página 14
... necessary to a proper apprehension of the exceptions to his honor's charge . The tendency of the plaintiff on that behalf was to show that there is a crossing on a trestle of the defend- ant's road upon which planks are placed , and ...
... necessary to a proper apprehension of the exceptions to his honor's charge . The tendency of the plaintiff on that behalf was to show that there is a crossing on a trestle of the defend- ant's road upon which planks are placed , and ...
Página 17
... necessary than otherwise . Especially is this so when an engine is coming out of time , or at an unusual hour . ( This was given . ) ( 4 ) That if the deceased was guilty of con- tributory negligence , and the jury believe , that , if ...
... necessary than otherwise . Especially is this so when an engine is coming out of time , or at an unusual hour . ( This was given . ) ( 4 ) That if the deceased was guilty of con- tributory negligence , and the jury believe , that , if ...
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Términos y frases comunes
accident agent alleged appellant appellant's appellee baggage barrels bridge carried cause cents charge Chicago circumstances common carrier company's complained conductor construction contract contributory negligence corporation counsel County crossing culvert deceased defendant defendant's depot distance duty embankment employees engine entitled evidence facts fare feet guilty held instructs the jury intestate judgment Kansas land less than carload liable Louis Louisville luggage miles Missouri Missouri river Nellie Adamson nonsuit Ohio opinion ordinary overflow P. R. Co parties passenger personal injuries petitioner plaintiff in error platform porter present question R. R. Cas rail Railroad Co railroad company railway company rates reasonable received recover damages recovery refused river road road-bed rule Ryon servants station statute stopped street sufficient Supreme Court surface water sustained tending to show testified testimony Texas Supreme Court thereof ticket tion traffic transportation trespasser trial verdict witness
Pasajes populares
Página 706 - Every common carrier subject to the provisions of this Act shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines; but this shall not be construed as requiring any such common...
Página 707 - ... nothing in this Act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies...
Página 394 - that the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
Página 328 - Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward ; neither can it do that which in law amounts to a taking of private property for public use without just compensation, or without due process of law.
Página 308 - ... for a rule to show cause why a new trial should not be granted...
Página 682 - ... compliance with the requirements of this section, and shall promptly notify said commission of all changes made in the same. Every such common carrier shall also file with said commission copies of all contracts, agreements or arrangements, with other common carriers in relation to any traffic affected by the provisions of this act to which it may be a party.
Página 330 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Página 162 - That if any bridge built under this act shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge with a draw over the main channel of the river at an accessible and navigable point, and with spans of not less than 160 feet in length in the clear on each side of the central or pivot pier of the draw...
Página 722 - SEC. 15. That if in any case in which an investigation shall be made by said Commission it shall be made to appear to the satisfaction of the Commission, either by the testimony of witnesses or other evidence, that anything has been done or omitted to be done in violation of the provisions of this act...
Página 162 - ... above extreme high-water mark, measuring to the bottom chord of the bridge, and the piers of said bridge shall be parallel with the current of the river...