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, 1887 - Railroad law Covers cases decided [1879?]-1895. |
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Page 78
... lease of three years , subject to the right of the company to reclaim posses- sion of the platform , at any time during the continuance of the term , when- ever , in the judgment of thepresident or general superintendent , it might so ...
... lease of three years , subject to the right of the company to reclaim posses- sion of the platform , at any time during the continuance of the term , when- ever , in the judgment of thepresident or general superintendent , it might so ...
Page 80
... lease and de- volving upon him , and continued his compress opera- tions until the 23d day of December , 1877 , when they were put a stop to by the entry of the officers and servants of the company , in the night - time and during his ...
... lease and de- volving upon him , and continued his compress opera- tions until the 23d day of December , 1877 , when they were put a stop to by the entry of the officers and servants of the company , in the night - time and during his ...
Page 82
... lease ; and EVIDENCE . 2d . For that there was a material variance between the allega- tion and offered proof . In our opinion , the evidence ought to have been received , and neither of the assigned reasons is sufficient to warrant its ...
... lease ; and EVIDENCE . 2d . For that there was a material variance between the allega- tion and offered proof . In our opinion , the evidence ought to have been received , and neither of the assigned reasons is sufficient to warrant its ...
Page 83
... lease remain , it is obvious the sec- ond reason given for the rejection of proof of the fact of with- drawal is equally unfounded . ERROR IN RUL OUT EVI- DENCE . A notice recalled ceases to have any further operation , and is the same ...
... lease remain , it is obvious the sec- ond reason given for the rejection of proof of the fact of with- drawal is equally unfounded . ERROR IN RUL OUT EVI- DENCE . A notice recalled ceases to have any further operation , and is the same ...
Page 84
... lease and contract stand , as if none had been given . There is , therefore , error in ruling out the evidence proposed , for which the plaintiff is entitled to have a new jury . Judgment reversed . Let this be certified , to the end ...
... lease and contract stand , as if none had been given . There is , therefore , error in ruling out the evidence proposed , for which the plaintiff is entitled to have a new jury . Judgment reversed . Let this be certified , to the end ...
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Common terms and phrases
action agent alleged amount appeal appellee authority Bank of Toronto bonds carried carrier cause charge Chicago circumstances claim coal commerce common carriers conductor Congress consolidated construction contract contributory negligence corporation coupons Court of Chancery court of equity crossing damages decree defendant defendant's depot duty Egg Harbor City engine entitled error evidence facts fare fence freight grant Grimsby held Illinois injury instruction interest judgment jurisdiction jury land lease liable Louis mortgage negligence operate opinion paid pany party passed passenger payment persons Placerville plaintiff plaintiff in error platform purchased purpose question R. R. Cas Railroad Co railroad company railway company reason received recover refused regulation road rule secured servants station statute street suit Supreme Court testimony thereof ticket tion track train transportation trial trustees verdict W. R. Co Wabash
Popular passages
Page 479 - 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 302 - ... no such Company shall make or give any undue or unreasonable preference or advantage to or in favour of any particular person or Company, or any particular description of traffic, in any respect whatsoever...
Page 644 - 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 41 - 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 411 - 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 38 - 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 621 - 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 55 - 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 20 - 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 18 - ... 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...