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, 1899 - Railroad law |
Common terms and phrases
accident affirmed agent alleged Anaconda appellant appellee assessed Augusta Southern Railroad authority brakeman cause of action charge Chicago circuit court claimed common carrier complaint conductor consignee consolidation construction contract contributory negligence crossing danger death deceased defective defendant in error defendant's duty employees engine entitled evidence fact feet Forrest City freight train guilty held injury instruction Iowa judgment jury killed land lease liability Louisville & N. R. ment Minn Montana N. R. Co N. W. Rep note at end operation opinion ordinary owner Pacific pany party passed passenger person plaintiff in error question rail Railroad Co railroad company railway company reason received road rule running servant South Carolina statute street railways Supreme Court sustained switch testimony thereof ticket tion track train dispatcher trial turntable verdict
Popular passages
Page 616 - Be it therefore enacted, * * * that whensoever 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...
Page 667 - An act granting to railroads the right of way through the public lands of the United States.
Page 840 - Act to recover damages for personal injuries to an employee or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 230 - ... or the issuance of mileage, excursion, or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers
Page 744 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 617 - ... 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...
Page 234 - ... a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited...
Page 841 - No person shall recover damages from a railroad company for injury to himself or his property, where the same is done by his consent, or is caused by his own negligence.
Page 230 - ... the carriage, storage or handling of property free or at reduced rates for the United States, State or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and homeless persons transported by charitable societies, and the necessary agents employed in such transportation, or the issuance of mileage, excursion or commutation passenger tickets...
Page 653 - The court below made a finding of the subordinate and evidential facts, bearing upon the question of the negligence of the defendant, and the contributory negligence of the plaintiff...