A Treatise on the Law of Railways, 2권Callaghan, 1884 - 1618페이지 |
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admr Alton R. R. Balt bill of lading Boston carriage carry cars cause Central R. R. charter Chicago common carriers common law Conn consignee consignor contract contributory negligence damages defendant duty employe exemption fence franchise freight gence Grand Trunk Hannibal & St Heisk held Hudson River Ibid Indianapolis Indianapolis & St injury Iowa Jeffersonville jury Kansas Law Rep liable lien live stock loss Louisville Mass Milwaukee & St Minn N. Y. Cent negligence Ohio & Miss Ohio R. R. Ohio St ordinary owner Pacific R. R. pany party passenger Penn person Phila Pittsburg plaintiff Quincy R. R. R. R. Cas railroad company railroad corporation railway reasonable received recover recovery Repr right of action road rule servant statute street supra Supreme Court taxation Terre Haute thereof tion Toledo track train transportation Western R. R. York Cent
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1310 페이지 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
1321 페이지 - ... the Constitution of the United States which prohibits a State from passing any law impairing the obligation of a contract. Whatever is granted is secured subject only to the limitations and reservations in the charter or in the laws or constitutions which govern it. This company, in the transactions of its business, has the same rights and is subject to the game control as private individuals under the same circumstances.
1023 페이지 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
1317 페이지 - It presents, therefore, a case for the application of a long-known and well-established principle in social science, and this statute simply extends the law so as to meet this new development of commercial progress.
1309 페이지 - are nothing more or less than the powers of government inherent in every sovereignty, * * that is to say, * * the power to govern men and things.
1318 페이지 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations.
1308 페이지 - States, it is old as a principle of civilized government. It is found in Magna Charta, and, in substance if not in form, in , nearly or quite all the constitutions that have been from time to time adopted by the several States of the Union. By the...
1316 페이지 - They stand, to use again the language of their counsel, in the very "gateway of commerce," and take toll from all who pass. Their business most certainly "tends to a common charge, and is become a thing of public interest and use.
1317 페이지 - For our purposes we must assume that, if a state of facts could exist that would justify such legislation, it actually did exist when the statute now under consideration was passed.
1309 페이지 - is a social compact by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good.