A Treatise on the Law of Highways |
Common terms and phrases
action adjoining Allen applied assessment authority Barb benefit boat Boston bound bridge Canal carriage cars charter collision commissioners common law Commonwealth compensation Conn Constitution construction convenient corporation Court Cush damages damnum absque injuria dedication defect defendant duty easement entitled erected Erie Railroad Co exercise grant Gray held highway horse Ibid indictment individual injury jury land Law & Eq legislature liable Lord Lord Ellenborough Lowell Matter Mayor ment navigable negligence nuisance obstruction Ohio opinion ordinary owner Paige parish party pass passage passengers Payne Penn Pennsylvania Railroad person Pick plaintiff principle proper proprietors public highway purpose Rail railroad company Railway reason recover Regina regulations repair rule Schenectady servants Smith soil statute street sustained taken thereof ticket tion toll Tonawanda Railroad town Trustees Turnpike Co turnpike road Utica Vermont Central Railroad vessel Wend York York Central Railroad
Popular passages
Page 518 - 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, then and in every such case the person who 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...
Page 517 - 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 518 - ... 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 ; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties in such shares as the jury by their verdict shall find and direct.
Page 207 - The property of no person shall be taken for public use without just compensation therefor.
Page 430 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Page 430 - The rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester (ubi sup.), and the rule is that, although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own Or.
Page 506 - The servant is not bound to risk his safety in the service of his master, and may, if he thinks fit, decline any service in which he reasonably apprehends injury to himself ; and in most of the cases in which danger may be incurred, if not in all, he is just as likely to be acquainted with the probability and extent of it as the master.
Page 67 - In vain may it be urged that the good of the individual ought to yield to that of the community, for it would be dangerous to allow any private man, or even any public tribunal, to be the judge of this common good, and to decide whether it be expedient or no. Besides, the public good is in nothing more essentially interested than in the protection of every individual's private rights as modelled by the Municipal Law.
Page 518 - That every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused...
Page 43 - the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States...