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 E. Thompson, 1888 - Railroad law Covers cases decided [1879?]-1895. |
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Results 1-5 of 98
Page 8
... claimed that this was erroneous . When that portion of the charge was excepted to , the court supplemented it by saying to the jury that the plaintiff , though he might make that assumption , was not relieved thereby from the duty on ...
... claimed that this was erroneous . When that portion of the charge was excepted to , the court supplemented it by saying to the jury that the plaintiff , though he might make that assumption , was not relieved thereby from the duty on ...
Page 21
... claimed , as will reasonably compensate him for his loss of time , necessary expenditures , and for permanent dis- ability or injury , if such be the result , and for the injury sustained by him in his bodily and mental suffering , if ...
... claimed , as will reasonably compensate him for his loss of time , necessary expenditures , and for permanent dis- ability or injury , if such be the result , and for the injury sustained by him in his bodily and mental suffering , if ...
Page 25
... claimed that Lafferty was an independent contractor and not its servant or agent , and that it was not liable for the negligence of the said contractor or his employees . It was admitted that the transportation over this road had been ...
... claimed that Lafferty was an independent contractor and not its servant or agent , and that it was not liable for the negligence of the said contractor or his employees . It was admitted that the transportation over this road had been ...
Page 53
... claimed they were not , be- cause it is alleged that the torpedoes were wantonly placed upon the defendant's track by its servants , when and where there was no necessity or occasion for their use . It appears from the pleading " that ...
... claimed they were not , be- cause it is alleged that the torpedoes were wantonly placed upon the defendant's track by its servants , when and where there was no necessity or occasion for their use . It appears from the pleading " that ...
Page 54
... claiming that the defendant is not liable is that they were used at a time and in a manner not within their instructions or authority . But the defendant must be held to have taken upon itself the risk of errors of judgment on the part ...
... claiming that the defendant is not liable is that they were used at a time and in a manner not within their instructions or authority . But the defendant must be held to have taken upon itself the risk of errors of judgment on the part ...
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Common terms and phrases
abutting accident action affirmed alleged appellant appellee approaching train attempting to cross authority bell cars caused charge charter Chicago circumstances collision common law complained contributory negligence corporation cross the track danger deceased defendant's duty easement east engine evidence exercise fact feet fire flagman freight gence given grant gravel road held highway Hornellsville horse Houston street indictment injury intestate judgment jury land legislature liable locomotive look and listen main track Manheimer nonsuit obstruction opinion ordinance owner Palatka party passed passenger person plaintiff in error public highway question R. R. Cas rail Railroad Co railroad company railroad crossing railroad track railway company reason recover damages rule running signals statute street railroad street railway struck sustained switch Terre Haute thereof tiff tion traveller trespass trial verdict W. R. Co wagon warning whistle witnesses
Popular passages
Page 430 - ... it shall be the duty of the commission to investigate the matters complained of in such manner and by such means as it shall deem proper.
Page 445 - All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.
Page 429 - That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful...
Page 201 - Appellate Division of the Supreme Court, in the department in which it is proposed to be constructed, may, upon application, appoint three commissioners who shall determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners.
Page 428 - ... rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept...
Page 427 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect or receive from any person or persons a greater or less compensation...
Page 431 - ... of injunction or other proper process, mandatory or otherwise, against such common carrier; and if a corporation, against one or more of the directors, officers or agents of the same, or against any owner, lessee, trustee, receiver or other person failing to obey such writ of injunction or other proper process, mandatory or otherwise...
Page 233 - The court told the jury that the measure of damages was the difference in the market value of the property before and after the grade of the street was lowered.
Page 428 - And when any such common carrier shall have established and published its rates, fares and charges in compliance with the provisions of this section, it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any services in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force.
Page 448 - State having not less than one hundred thousand inhabitants, "in which grain is stored in bulk, and in which the grain of different owners is mixed together, or in which grain is stored in such a manner that the identity of different lots or parcels cannot be accurately preserved.