A Treatise on the Law of Railways, Volume 2 |
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Page 782
... servant of company Actions by a reversioner 4 5 Delay in perfecting right of way , after possession , may amount to trespass Trespass lies in favor of the com- pany 6 " 2 Trespass by intrusion on lands Affirmative defenses must be ...
... servant of company Actions by a reversioner 4 5 Delay in perfecting right of way , after possession , may amount to trespass Trespass lies in favor of the com- pany 6 " 2 Trespass by intrusion on lands Affirmative defenses must be ...
Page 785
... servant , if the act of the servant complained of be done in the course of his business employment ; or if it be done as an essential means of at- taining the end directed by the master , and was intended for that purpose , then it is ...
... servant , if the act of the servant complained of be done in the course of his business employment ; or if it be done as an essential means of at- taining the end directed by the master , and was intended for that purpose , then it is ...
Page 820
... servant 4 Not applicable to the company as 2 to injuries committed by passen- 5 3 • Not applicable to injuries by ser- vant to servant at common law Its application extended by stat- ute How far applicable to the com- - gers The rule ...
... servant 4 Not applicable to the company as 2 to injuries committed by passen- 5 3 • Not applicable to injuries by ser- vant to servant at common law Its application extended by stat- ute How far applicable to the com- - gers The rule ...
Page 821
... servants , is one that does not result alone from the payment of the passage money ; it is imposed by law , though the ... servant's act , see Lindsay v . Central R. R. & B. Co. , 46 Ga . 447 ; 11 Am . Ry . Rep . 415 . In Pennsylvania Co ...
... servants , is one that does not result alone from the payment of the passage money ; it is imposed by law , though the ... servant's act , see Lindsay v . Central R. R. & B. Co. , 46 Ga . 447 ; 11 Am . Ry . Rep . 415 . In Pennsylvania Co ...
Page 823
... servant be actuated by a mistake or wrong judg- ment on his part . The employer or inaster is still liable . The case of Higgins v . The Watervliet Turnpike & Railroad Com- pany , above cited , is one where the conductor used more force ...
... servant be actuated by a mistake or wrong judg- ment on his part . The employer or inaster is still liable . The case of Higgins v . The Watervliet Turnpike & Railroad Com- pany , above cited , is one where the conductor used more force ...
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Common terms and phrases
admr Alton R. R. Balt bill of lading Boston carriage carry cars cause Central R. R. charter Chicago common carriers common law Conn consignee consignor contract contributory negligence damages defendant duty employe exemption fence franchise freight gence Grand Trunk Hannibal & St Heisk held Hudson River Ibid Indianapolis Indianapolis & St injury Iowa Jeffersonville jury Kansas Law Rep liable lien live stock loss Louisville Mass Milwaukee & St Minn N. Y. Cent negligence Ohio & Miss Ohio R. R. Ohio St ordinary owner Pacific R. R. pany party passenger Penn person Phila Pittsburg plaintiff Quincy R. R. R. R. Cas railroad company railroad corporation railway reasonable received recover recovery Repr right of action road rule servant statute street supra Supreme Court taxation Terre Haute thereof tion Toledo track train transportation Western R. R. York Cent
Popular passages
Page 1310 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
Page 1321 - ... the Constitution of the United States which prohibits a State from passing any law impairing the obligation of a contract. Whatever is granted is secured subject only to the limitations and reservations in the charter or in the laws or constitutions which govern it. This company, in the transactions of its business, has the same rights and is subject to the game control as private individuals under the same circumstances.
Page 1023 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Page 1317 - It presents, therefore, a case for the application of a long-known and well-established principle in social science, and this statute simply extends the law so as to meet this new development of commercial progress.
Page 1309 - are nothing more or less than the powers of government inherent in every sovereignty, * * that is to say, * * the power to govern men and things.
Page 1318 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations.
Page 1308 - States, it is old as a principle of civilized government. It is found in Magna Charta, and, in substance if not in form, in , nearly or quite all the constitutions that have been from time to time adopted by the several States of the Union. By the...
Page 1316 - They stand, to use again the language of their counsel, in the very "gateway of commerce," and take toll from all who pass. Their business most certainly "tends to a common charge, and is become a thing of public interest and use.
Page 1317 - For our purposes we must assume that, if a state of facts could exist that would justify such legislation, it actually did exist when the statute now under consideration was passed.
Page 1309 - is a social compact by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good.