The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and England
Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson
Edward Thompson Company, 1888 - Railroad law
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accident action agent alleged answer appears appellant apply approaching authority bill of lading Boston carried carrier cars caused cents charge Chicago circumstances claim common complaint condition connecting construction contract corporation court crossing damages danger defendant defendant's delivered determine direction duty East effect engine error evidence exercise express fact feet fire follows freight give given grant ground held highway injury instruction judgment jury land liability look matter necessary negligence notice objection obstruction operation opinion ordinary owner parties passed person plaintiff present proper question R. R. Cas rail railroad company railway rates reason received recover reference refused rendered respect result road rule running shipped side statute stop street sustained taken tion track train transportation trial verdict witness York
Page 430 - ... it shall be the duty of the commission to investigate the matters complained of in such manner and by such means as it shall deem proper.
Page 445 - All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.
Page 429 - That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful...
Page 201 - Appellate Division of the Supreme Court, in the department in which it is proposed to be constructed, may, upon application, appoint three commissioners who shall determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners.
Page 428 - ... rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept...
Page 427 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect or receive from any person or persons a greater or less compensation...
Page 431 - ... of injunction or other proper process, mandatory or otherwise, against such common carrier; and if a corporation, against one or more of the directors, officers or agents of the same, or against any owner, lessee, trustee, receiver or other person failing to obey such writ of injunction or other proper process, mandatory or otherwise...
Page 233 - The court told the jury that the measure of damages was the difference in the market value of the property before and after the grade of the street was lowered.
Page 428 - And when any such common carrier shall have established and published its rates, fares and charges in compliance with the provisions of this section, it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any services in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force.
Page 448 - State having not less than one hundred thousand inhabitants, "in which grain is stored in bulk, and in which the grain of different owners is mixed together, or in which grain is stored in such a manner that the identity of different lots or parcels cannot be accurately preserved.