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, 1885 Covers cases decided [1879?]-1895. |
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Resultados 1-5 de 100
Página 1
... received its franchises , which holds good at all times aud in all places , and if the company operates its trains over the road of another by contract or lease , it must see and know that the track is in a good and safe condition , not ...
... received its franchises , which holds good at all times aud in all places , and if the company operates its trains over the road of another by contract or lease , it must see and know that the track is in a good and safe condition , not ...
Página 21
... received in conse- quence of that fact . This doctrine of waiver , upon which the company relies , is a doctrine which has been developed within the last few years . It has been carried by some courts to a dangerous extent , one which ...
... received in conse- quence of that fact . This doctrine of waiver , upon which the company relies , is a doctrine which has been developed within the last few years . It has been carried by some courts to a dangerous extent , one which ...
Página 25
... received injuries in con- sequence of said engine being thrown off the track as the result of said defective condition of said railroad track or engine , of which said Flynn died , and that said Flynn was exercising ordinary care and ...
... received injuries in con- sequence of said engine being thrown off the track as the result of said defective condition of said railroad track or engine , of which said Flynn died , and that said Flynn was exercising ordinary care and ...
Página 56
... received without any negligence on his part . The answer , in addition to a general de nial , avers that if plaintiff was injured by a moving car it was by his own want of proper care and caution in not looking and listen- ing for ...
... received without any negligence on his part . The answer , in addition to a general de nial , avers that if plaintiff was injured by a moving car it was by his own want of proper care and caution in not looking and listen- ing for ...
Página 58
... received his injury by a collision with some part of the car . But if we were to concede that he was out of danger and slipped , and thus came in contact with the car , we do not think that it can be said that the speed of the car was ...
... received his injury by a collision with some part of the car . But if we were to concede that he was out of danger and slipped , and thus came in contact with the car , we do not think that it can be said that the speed of the car was ...
Índice
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324 | |
336 | |
347 | |
363 | |
366 | |
370 | |
373 | |
127 | |
149 | |
153 | |
161 | |
192 | |
202 | |
213 | |
217 | |
254 | |
281 | |
284 | |
294 | |
298 | |
303 | |
309 | |
391 | |
416 | |
490 | |
506 | |
512 | |
549 | |
574 | |
578 | |
586 | |
590 | |
597 | |
602 | |
604 | |
608 | |
618 | |
Outras edições - Ver tudo
Palavras e frases frequentes
accident action affirmed agent alleged appellant appellee authorities baggage Baltimore bill of lading brakeman carried cause charge Chicago Circuit Court circumstances City commerce common carrier complained conductor consignee contract contributory negligence corporation cotton Council Bluffs counsel declaration defective defendant delay delivered delivery demurrer depot destination duty employés engine evidence Express Company facts freight held injury instruction inter-State Iowa Jeffersonville judgment jury legislature liable loss Louis matter motion Ohio opinion ordinary Orleans pany party pass passenger pay his fare person plaintiff in error platform proof proper question R. R. Cas R. R. Co Railroad Co railroad company Railway Company reasonable received recover damages refused regulations result risk rule safe servants shipment shipped shipper Southern Express Co station statute stop supra sustained switch testified testimony ticket tion tort track train transportation trial verdict witness York
Passagens conhecidas
Página 115 - 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 defendants, that the accident arose from want of care.
Página 152 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Página 81 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Página 610 - ... negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater. The articles have no greater value, for the purposes of the contract of transportation, between the parties to that contract. The carrier must respond for negligence up to that value. It is just and reasonable that such a contract, fairly entered into, and where there is no deceit practiced on the shipper, should be upheld.
Página 610 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.
Página 612 - The distinct ground of our decision in the case at bar is that, where a contract of the kind, signed by the shipper, is fairly made, agreeing, on a valuation of the property earned, with the rate of freight based on the condition that the carrier assumes liability only to the extent of the agreed valuation, even in case of loss or damage by the negligence of the carrier, the contract will be upheld as a proper and lawful mode of securing a due proportion between the amount for which the carrier may...
Página 446 - ... savings banks, banks of discount and deposit (but not of issue), loan, trust, and guaranty associations, for the establishment and conduct of cemeteries, and for the construction and operation of railroads, wagon roads, vessels, and irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any other benevolent, charitable, or scientific association.
Página 612 - ... without at the time of such lading giving to the master, clerk, agent, or owner of such vessel receiving the same a written notice of the true character and value thereof, and having the same entered on the bill of lading therefor, the master and owner of such vessel shall not be liable as carriers thereof in any form or manner; nor shall any such master or owner be liable for any such goods beyond the value and according to the character thereof so notified and entered.
Página 187 - When the question arises upon a state of facts on which reasonable men may fairly arrive at different conclusions, the fact of negligence cannot be determined until one or the other of these conclusions has been drawn by the jury. The inferences to be drawn from the evidence must either be certain and incontrovertible, or they cannot be decided upon by the court. Negligence cannot be conclusively established by a state of facts upon which fair-minded men may well differ.
Página 475 - That by virtue of this, it is not only the right, but the bounden and solemn duty of a state to advance the safety, happiness and prosperity of its people, and to provide for its general welfare, by any and every act of legislation, which it may deem to be conducive to these ends ; where the power over...