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, 1908 |
Términos y frases comunes
accident action affirmed agent Allegany county alleged Appeal appellee authority bill of lading brakeman caboose cattle charge Chicago Circuit Court circumstances common carrier conductor Congress consignee contract contributory negligence corporation County crossing damages danger deceased defendant company defendant's demurrage demurrer depot duty employees engine evidence exercise fact fare feet fendant foot-notes appended freight gence guilty held horse Illinois Cent injury instruction interstate commerce Judge jury killed liable loaded Louis Louisville & N. R. Missouri motorman N. R. Co nonsuit operation opinion ordinary Pacific pany passenger person plaintiff in error presumption proximate cause question rail railroad company Railway Company rate of speed reason recover refused road Rock Island rule servant shipment shipper signal Southern station statute stop street Supreme Court sustained testified testimony Texas ticket tion trial verdict whistle witness
Pasajes populares
Página 439 - It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and whicH does not extend to or affect other states. Such a power would be inconvenient, and is certainly unnecessary. Comprehensive as the word "among" is, it may very properly be restricted to that commerce which concerns more states than one.
Página 449 - The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere, for the purpose of executing some of the general powers of the government. The completely internal commerce of a state, then, may be considered as reserved...
Página 305 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who, or the corporation which, would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Página 460 - Resolved, that each branch ought to possess the right of originating acts; that the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation, and moreover to legislate in all cases to which the separate states are incompetent or in which the harmony of the United States may be interrupted by the exercise of individual legislation...
Página 554 - 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 defendant, that the accident arose from want of care.
Página 137 - The defendant company filed its petition for a removal of the cause to the Circuit Court of the United States for the...
Página 339 - Whether the negotiations constituted one contract or more was a question of fact, and should have been submitted to the Jury.
Página 458 - The power of congress, then, comprehends navigation within the limits of every State in the Union, so far as that navigation may be, in any manner, connected with " commerce with foreign nations, or among the several States, or with the Indian tribes.
Página 641 - Received, subject to the classifications and tariffs in effect on the date of issue of this original bill of lading. At Ithaca, Mich., 18-1, 1911, from owner* the property described below, in apparent good order, except as noted (contents and condition of contents of packages unknown...
Página 316 - Had she used her senses, she could not have failed both to hear and to see the train which was coming. If she omitted to use them, and walked thoughtlessly upon the track, she was guilty of culpable negligence, and so far contributed to...