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, 1882 Covers cases decided [1879?]-1895. |
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17 페이지
... reached are by no means harmonious . An at- tempt will , however , be made to state briefly the leading principles which have been enunciated on this topic . It is well settled that foot passengers have no right to walk upon the tracks ...
... reached are by no means harmonious . An at- tempt will , however , be made to state briefly the leading principles which have been enunciated on this topic . It is well settled that foot passengers have no right to walk upon the tracks ...
22 페이지
... reached the first rail of the track , the plaintiff heard a train ap- proaching . He shouted and jerked the mule back , but the horse had gotten on the track , and was struck by the east - bound train , and instantly killed . The boy ...
... reached the first rail of the track , the plaintiff heard a train ap- proaching . He shouted and jerked the mule back , but the horse had gotten on the track , and was struck by the east - bound train , and instantly killed . The boy ...
26 페이지
... reached it , he took the mule by the head , the horse got his forefeet on the track , and was struck within three seconds from the time a witness , who was standing by , saw the cars ; that as soon as said witness heard the train he ...
... reached it , he took the mule by the head , the horse got his forefeet on the track , and was struck within three seconds from the time a witness , who was standing by , saw the cars ; that as soon as said witness heard the train he ...
28 페이지
... reached the hotel , where delivering the kettle , he turned around immediately and drove west on the same road on his way home . When proceeding to Camp's hotel , he says that as he was facing east , that of course if there had been a ...
... reached the hotel , where delivering the kettle , he turned around immediately and drove west on the same road on his way home . When proceeding to Camp's hotel , he says that as he was facing east , that of course if there had been a ...
36 페이지
... reaches the level of the railroad , which it crosses at grade . The walls on the sides of the cut diminish in height northerly of the bridge until they run out near the crossing . The plaintiff's intestate shortly before the accident ...
... reaches the level of the railroad , which it crosses at grade . The walls on the sides of the cut diminish in height northerly of the bridge until they run out near the crossing . The plaintiff's intestate shortly before the accident ...
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accident agent alleged appellant appellant's appellee approaching bill of lading carried cars cattle cause of action Central R. R. charge Chicago circumstances claim Clauses common carrier complaint conductor consignee construction contract contributory negligence counsel crossing danger deceased defendant delivered delivery demurrer depot duty employees engine entitled error evidence exercise facts fare femoral hernia fendant freight guilty held highway horse injury instruction Iowa Jersey City judgment jury Kendallville land Law Rep liable locomotive Louis minerals motion negligence per se obstruction opinion ordinary owner party passed passenger person petition plaintiff plaintiff in error platform proper public enemy purchase purpose question R. R. Cas railroad railroad company railway company reason received recover damages refused rule running station station agent statute stop Street sufficient sustained testified testimony ticket tion track train transportation travelling trial verdict wagon whistle witnesses
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294 페이지 - All that is perfectly correct: for, although the ass may have been wrongfully there, still the defendant was bound to go along the road at such a pace as would be likely to prevent mischief. Were this not so, a man might justify the driving over goods left on a public highway, or even over a man lying asleep there, or the purposely running against a carriage going on the wrong side of the road.
499 페이지 - ... by any meeting of the directors or of a committee of directors or by any person acting as a director shall notwithstanding that it be afterwards discovered that there was some defect in the appointment of any such...
318 페이지 - The cause was tried to a jury, and resulted in a verdict and judgment for plaintiff for $452.44.
484 페이지 - ... or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for where both are equally in fault, potior est conditio dcfendentis.
483 페이지 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this : Ex dolo malo non oritur actio.
470 페이지 - ... 1 of the Constitution of the United States, which provides that no State shall pass any law impairing the obligation of a contract, and also violated that clause of the fourteenth amendment of that instrument, which provides that no State shall deprive any person of property without due process of law.
562 페이지 - The Company shall not be entitled to any Mines of Coal, Ironstone, Slate, or other Minerals under any Land purchased by them, except only such Parts thereof as shall be necessary to be dug or carried away or used in the Construction of the Works...
490 페이지 - By reason of the negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive engine, or train upon a railway...
599 페이지 - 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.
312 페이지 - Whatever subjects of this power are in their nature national, or admit only of one uniform system, or plan of regulation, may justly be said to be of such a nature as to require exclusive legislation by Congress.