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, 1897 - Railroad law
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accident action agent agreement alleged answer appellant apply association authority bill bonds carrier cause charge Chicago circumstances claim commerce common compensation complaint condition constitution construction contract corporation court crossing damages danger defendant defendant's direction district duty effect employees engine entered error evidence exercise existence fact follows freight give given granted ground hand held highway injury instruction interest judgment jury land liable limited maintain matter means nature necessary negligence notice objection operation opinion owner parties passed passenger person plaintiff platform present proper question rail railroad company railway railway company rates reasonable received recover reference regulations remove restraint result road rule running side statute stop street sustained taken tion track trade train transportation trial United witness York
Page 478 - ... in the course of transportation from one State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law.
Page 212 - ... 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.
Page 486 - A bell of at least thirty pounds weight or a steam whistle shall be placed on each locomotive engine, and shall be rung or whistled at the distance of at least eighty rods from the place where...
Page 477 - Every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce, in any territory of the United States or of the District of Columbia, or in restraint of trade or commerce between any such territory and another, or between any such territory or territories, and any 331 state or states or the District of Columbia or with foreign nations, or between the District of Columbia and any state or states or foreign nations, is hereby declared illegal.
Page 404 - MR. JUSTICE PECKHAM, after stating the facts in the foregoing language, delivered the opinion of the court. The...
Page 462 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Page 212 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be 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...
Page 389 - The public policy of the Government is to be found in its statutes, and when they have not directly spoken, then in the decisions of the courts and the constant practice of the Government officials; but when the lawmaking power speaks upon a particular subject, over which it has constitutional power to legislate, public policy in such a case is what the statute enacts.
Page 477 - Sec. 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the attorney general, to institute proceedings in equity to prevent and restrain such violations.
Page 445 - Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor...