The American and English Railroad Cases: A Collection of All Cases, Affecting Railroads of Every Kind, Decided by the Courts of Appellate Jurisdiction in the United States, England, and Canada [1894-1913].E. Thompson Company, 1905 |
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Αποτελέσματα 1 - 5 από τα 100.
Σελίδα 25
... danger which a reasonable being would have avoided . The mind re- quires proof to establish the less probable of two contradictory propositions . And the evidence here is all the other way . Leav- South Covington & C. St. Ry . Co. v ...
... danger which a reasonable being would have avoided . The mind re- quires proof to establish the less probable of two contradictory propositions . And the evidence here is all the other way . Leav- South Covington & C. St. Ry . Co. v ...
Σελίδα 46
... danger , such as appear in this case . Grosvenor v . Railway , 39 N. Y. 34 ; Heiss v . Railway , 103 Iowa , 592 , 72 ... dangerous and neg- ligent rate of speed as that the jar thereof put the baggage truck in motion and caused the ...
... danger , such as appear in this case . Grosvenor v . Railway , 39 N. Y. 34 ; Heiss v . Railway , 103 Iowa , 592 , 72 ... dangerous and neg- ligent rate of speed as that the jar thereof put the baggage truck in motion and caused the ...
Σελίδα 57
... danger to which such person may be exposed . 4 Elliott , Railways , sec . 1592 , 2 Wood , Railways ( Minor's Ed . ) sec . 310. In Heinlein v . Boston & Providence Ry . Co. ( Mass . ) 16 N. E. 698 , 9 Am . St. Rep . 676 , it was held ...
... danger to which such person may be exposed . 4 Elliott , Railways , sec . 1592 , 2 Wood , Railways ( Minor's Ed . ) sec . 310. In Heinlein v . Boston & Providence Ry . Co. ( Mass . ) 16 N. E. 698 , 9 Am . St. Rep . 676 , it was held ...
Σελίδα 106
... danger of a collision in time to pre- vent it by checking the train or blowing the whistle . But to decide that failure of a person to look along a railroad before at- tempting to cross it is under all circumstances and necessarily ...
... danger of a collision in time to pre- vent it by checking the train or blowing the whistle . But to decide that failure of a person to look along a railroad before at- tempting to cross it is under all circumstances and necessarily ...
Σελίδα 116
... danger , and that such negligence , through this unconsciousness and helplessness , pro- duced the injuries complained of . Since it must be held that the complaint alleges a cause of action for ordinary negligence only , we cannot ...
... danger , and that such negligence , through this unconsciousness and helplessness , pro- duced the injuries complained of . Since it must be held that the complaint alleges a cause of action for ordinary negligence only , we cannot ...
Συχνά εμφανιζόμενοι όροι και φράσεις
accident action affirmed agent alleged appellant appellee authority baggage bill of lading brakeman brakes caboose charge Chicago Circuit Court collision common carrier complaint conductor construction contract contributory negligence corporation counsel County crossing damages danger deceased defendant in error defendant's depot direct discharge duty easement employees engine evidence exercise fact feet fellow servant fendant follows foot-notes appended foreman freight gence guilty held horse injury intervening cause Iowa Judge judgment jury land liable Louis master motorman N. R. Co opinion pany passed passenger person plaintiff in error question rail Railroad Co railroad company Railway Company reason recover refused road rule running shipper side Southern station station agent statute Steagald stop Supreme Court sustained switch taken testified testimony ticket tion train trial verdict vice principal witnesses
Δημοφιλή αποσπάσματα
Σελίδα 547 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Σελίδα 634 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Σελίδα 686 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Σελίδα 5 - An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific Ocean, and to secure to the government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two,' approved July second, eighteen hundred and sixty-four.
Σελίδα 346 - Exceptional circumstances will modify the most carefully guarded rule ; but, as a general thing, we should say that the compensation to the owner is to be estimated by reference to the uses for which the property is suitable, having regard to the existing business or wants of the community, or such as may be reasonably expected in the immediate future.
Σελίδα 105 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Σελίδα 633 - The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.
Σελίδα 623 - If each State was at liberty to regulate the conduct of carriers while within its jurisdiction, the confusion likely to follow could not but be productive of great inconvenience and unnecessary hardship. Each State could provide for its own passengers and regulate the transportation of its own freight, regardless of the interests of others.
Σελίδα 98 - ... the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries, resulting from such death, to the wife and next of kin of such deceased person...
Σελίδα 683 - ... sometimes by considering the cause and necessity of making the act, sometimes by comparing one part of the act with another, and sometimes by foreign circumstances.