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, 1884 - Railroad law Covers cases decided [1879?]-1895. |
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Page 7
... notice that , at a time and place stated in the notice , the tariff as to said items will be revised by the commission , and at such time and place it shall be the duty of the commission to hear the parties to the controversy , or by ...
... notice that , at a time and place stated in the notice , the tariff as to said items will be revised by the commission , and at such time and place it shall be the duty of the commission to hear the parties to the controversy , or by ...
Page 8
... notice of any changes deemed proper by them to be made , to the person or corporation operating the railroad And any subsequent charge higher than the amount fixed shall be prima facie evidence of extortion . And all railroad companies ...
... notice of any changes deemed proper by them to be made , to the person or corporation operating the railroad And any subsequent charge higher than the amount fixed shall be prima facie evidence of extortion . And all railroad companies ...
Page 9
... notice of the same to the railroad commissioners , who , upon receiving such notice , or upon public rumor of such accident , may repair or dis- patch one or more of their number to the scene of said accident , and inquire into the ...
... notice of the same to the railroad commissioners , who , upon receiving such notice , or upon public rumor of such accident , may repair or dis- patch one or more of their number to the scene of said accident , and inquire into the ...
Page 36
... notice- able emphasis , it is held in the last two cases cited , as everywhere , that neither in the exercise of its police nor any other power , can the State make a law which is in effect a regulation of inter - State commerce . Nor ...
... notice- able emphasis , it is held in the last two cases cited , as everywhere , that neither in the exercise of its police nor any other power , can the State make a law which is in effect a regulation of inter - State commerce . Nor ...
Page 61
... notice , without a special agreement to that effect , or in reference to de- tails ; still , if objection was made , the new road must be content with the right to do business over the line in such a way as the law allowed to others ...
... notice , without a special agreement to that effect , or in reference to de- tails ; still , if objection was made , the new road must be content with the right to do business over the line in such a way as the law allowed to others ...
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Common terms and phrases
action Adams Express Co agent agreed agreement alleged amount appears appellant appellee Atchison authority baggage bill of lading bonds carry cause charges charter Chicago Circuit Court claim common carrier common law complainant conductor connecting consignee Constitution construction contributory negligence cotton damages decree defendant defendant's delivered delivery Denver depot directors duty entitled Erie evidence express company fact freight furnished held Illinois River injury inter-State commerce interest issued judgment jury Kansas legislature liability lien loss Louis mortgage negligence opinion Orleans owner Pacific R. R. paid parties passenger payment person plaintiff in error preferred stock question R. R. Cas Railroad Co railroad company railroad corporation railway rates reasonable receipt received recover regulation road route rule shipped shipper Southern Express Co special contract station statute stockholders suit thereof ticket tion Topeka train transportation trial
Popular passages
Page 259 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 65 - And the General Assembly shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this State.
Page 526 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a State is a party, except between a State and its citizens ; and except, also, between a State and citizens of other States, or aliens, in which latter case it shall have original, but not exclusive jurisdiction.
Page 57 - Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad; and shall receive and transport each the other's passengers, tonnage and cars, loaded or empty, without delay or discrimination.
Page 531 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 144 - The court said 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 defendant, that the accident arose from want of care.
Page 523 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 667 - The obligation of a contract is "the law which binds the parties to perform their agreement." Sturges v. Crowninshield, 4 Wheat. 122, 197; Story, op. cit., § 1378. This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement.
Page 559 - no suit, either at law or in equity, shall be maintainable in any court between an assignee in bankruptcy and a person claiming an adverse interest, touching any property or rights of property transferable to or vested in *such assignee, unless brought within two years from the time when the cause of action accrued for or against such assignee.
Page 34 - Commerce with foreign countries, and among the States, strictly considered, consists in intercourse and traffic, including in these terms navigation, and the transportation and transit of persons and property, as well as the purchase, sale, and exchange of commodities.