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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Page 9
... parties ; but if he undertakes to do so , he must not so state them as to mislead the jury , in a material matter , to the prejudice of either party . APPEAL in error from circuit court of Franklin county . J. J. WILLIAMS , J. A. S. ...
... parties ; but if he undertakes to do so , he must not so state them as to mislead the jury , in a material matter , to the prejudice of either party . APPEAL in error from circuit court of Franklin county . J. J. WILLIAMS , J. A. S. ...
Page 11
... parties to their common - law rights , so far as regards the ringing the bell and sounding the whistle . " " At such ... party is guilty of some negligence , and is injured by the wrongful act of another , such negligence will not ...
... parties to their common - law rights , so far as regards the ringing the bell and sounding the whistle . " " At such ... party is guilty of some negligence , and is injured by the wrongful act of another , such negligence will not ...
Page 12
... party could with ordinary prudence have prevented the accident , but did not use that prudence , and his want of care and his negligence caused the damages , the plain- tiff should not recover unless the act was wilfully done on the ...
... party could with ordinary prudence have prevented the accident , but did not use that prudence , and his want of care and his negligence caused the damages , the plain- tiff should not recover unless the act was wilfully done on the ...
Page 18
... party was prejudiced by this action of the court , it was the plaintiff , and not the defendant . The rule adopted in Railroad Co. v . Smith , reported in 2 Duv . 556 , places the burden in this case on the company ; and , while that ...
... party was prejudiced by this action of the court , it was the plaintiff , and not the defendant . The rule adopted in Railroad Co. v . Smith , reported in 2 Duv . 556 , places the burden in this case on the company ; and , while that ...
Page 28
... party comes at his own risk , and enjoys the license subject to its concom- PARTY HAVING INVITATIONS . itant risks or perils , and that in such case 28 NICHOLS v . WASHINGTON , OHIO AND WESTERN R. CO .
... party comes at his own risk , and enjoys the license subject to its concom- PARTY HAVING INVITATIONS . itant risks or perils , and that in such case 28 NICHOLS v . WASHINGTON , OHIO AND WESTERN R. CO .
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Common terms and phrases
abutting accident action affirmed agent alleged appellant appellee approaching train authority bill of lading cars cause Cent charge charter Chicago circumstances claim common carrier common law complaint consignee contract contributory negligence corporation counsel danger deceased defendant's delivered demurrer duty easement east engine evidence exercise fact feet fendant fire flagman freight gence given grant guilty held highway horse Houston street indictment injury instruction judgment jury land legislature liable listen locomotive look Louis main track ment obstruction opinion ordinance ordinary owner pany party passed passenger person plaintiff in error proper prudence public highway question R. R. Cas rail Railroad Co railroad company railroad track railway company reason recover damages refused road rule running signals statute stop sustained switch testimony thereof tion transportation trial verdict W. R. Co wagon whistle witness
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.