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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Αποτελέσματα 1 - 5 από τα 86.
Σελίδα 10
... authorities cited and commented upon in appellant's brief , to the effect that a mere trespasser or wrong - doer cannot maintain an action for negligence against one who , at the time of the injury complained of , owed the plaintiff no ...
... authorities cited and commented upon in appellant's brief , to the effect that a mere trespasser or wrong - doer cannot maintain an action for negligence against one who , at the time of the injury complained of , owed the plaintiff no ...
Σελίδα 14
... authorities . KITTERINGHAM V. SIOUX CITY & PACIFIC RAILWAY Co. ( 62 Iowa Reports , 285. ) A car repairer was seriously poisoned while engaged in pursuance of his duties in removing old brasses from the boxing of car wheels , by a ...
... authorities . KITTERINGHAM V. SIOUX CITY & PACIFIC RAILWAY Co. ( 62 Iowa Reports , 285. ) A car repairer was seriously poisoned while engaged in pursuance of his duties in removing old brasses from the boxing of car wheels , by a ...
Σελίδα 32
... authorities agreed . The defendant is charge- able for neglect to repair its track when it has notice of the de- fect or might with the exercise of due care and inspection have discovered the existence of the defect . Notice of this ...
... authorities agreed . The defendant is charge- able for neglect to repair its track when it has notice of the de- fect or might with the exercise of due care and inspection have discovered the existence of the defect . Notice of this ...
Σελίδα 33
... Authorities cited , supra . In addition to this , the engineer had been running over this road nearly every day - had passed over it the day before . It can- not be said he was guiity of contributory negligence in running over it when ...
... Authorities cited , supra . In addition to this , the engineer had been running over this road nearly every day - had passed over it the day before . It can- not be said he was guiity of contributory negligence in running over it when ...
Σελίδα 68
... authorities sup- posed to sustain the instruction , unless it be shown that the opposite party was prejudiced thereby . But such practice should not be permitted by the court , and such references should be obliterated before sending ...
... authorities sup- posed to sustain the instruction , unless it be shown that the opposite party was prejudiced thereby . But such practice should not be permitted by the court , and such references should be obliterated before sending ...
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
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
Δημοφιλή αποσπάσματα
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...