The American and English Railroad Cases: A Collection of All Cases in the Courts of Last Resort in America and England [1879?-1895].
Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson
Edward Thompson Company, 1887 - Railroad law
Covers cases decided [1879?]-1895.
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action agent alleged allowed amount appeal apply authority bonds brought carried carrier cause charge circumstances claim coal commerce common condition conductor considered Constitution construction contract corporation court crossing damages danger decree defendant defendant's directed duty effect engine entered entitled error evidence facts fare follows freight further give given grant ground held injury instruction interest issued judge judgment jury land lease liable limits loss matter means mortgage necessary negligence notice objection operate opinion paid party passed passenger payment persons plaintiff possession present proper purchased question railroad company railway reason received recover reference refused regulation respect road rule running secured servants station statute stop street suit taken ticket tion track train transportation trial trust United verdict witness
Page 481 - Act to recover damages for personal injuries to an employee or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 646 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Page 43 - 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.
Page 413 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed or materially injured, or that the condition of the mortgage has not been performed and that the property is probably insufficient to discharge the mortgage debt.
Page 40 - But we think it may safely be said that State legislation which seeks to impose a direct burden upon inter-state commerce, or to interfere directly with its freedom, does encroach upon the exclusive power of Congress. The statute now under consideration, in our opinion, occupies that position. It does not act upon the business through the local instruments to be employed after coming within the State, but directly upon the business as it comes into the State from without or goes out from within.
Page 623 - Contractor to discontinue all work, or any part thereof, as may be designated by the said party of the first part, and the said party of the first part...
Page 57 - A conveyance upon a sale, made pursuant to a final judgment, in an action to foreclose a mortgage upon real property, vests in the purchaser the same estate, only, that would have vested in the mortgagee, if the equity of redemption had been foreclosed. Such a conveyance is as valid, as if it was executed by the mortgagor and mortgagee, and is an entire bar against each of them...
Page 22 - Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a state, and those which respect turnpike-roads, ferries, etc., are component parts of this mass. No direct general power over these objects is granted to Congress; and, consequently, they remain subject to state legislation.
Page 20 - ... law of Delaware to the Constitution is placed entirely on its repugnancy to the power to regulate commerce with foreign nations and among the several States ; a power which has not been so exercised as to affect the question. We do not think that the act empowering the Blackbird...