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, 1882 - Railroad law
Covers cases decided [1879?]-1895.
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action agent agreed agreement alleged allowed amount appears appellant appellee apply arrival authority bill of lading breach brought carrier carry cause cents charge charter Chicago circumstances claim common carrier condition conductor connecting considered consignee construction contract corporation cotton court damages defendant defendant's delivered delivery demand duty effect entitled error evidence existence express facts fire freight give given ground held hold injury instruction interest judgment jury liable limit loss matter miles motion nature necessary negligence notice opinion owner paid party pass passenger person plaintiff present proper purchaser question R. R. Co railroad company railway rates reasonable received recover refused result road rule shipped station statute stop sufficient suit taken ticket tion train transportation trial Western witness York
Page 337 - 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 665 - ... but the person pledging such stock shall be considered as holding the same, and shall be liable as a stockholder accordingly, and the estates and funds in the hands of such executor, administrator, guardian or trustee, shall be liable in like manner, and to the same extent as the testator or intestate. or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Page 461 - And every company whose railroad is or shall be hereafter intersected by any new railroad, shall unite with the owners of such new railroad in forming such intersections and connections, and grant the facilities aforesaid...
Page 467 - ... that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed, as justice may require, and...
Page 543 - Every act shall embrace but one subject and matters properly connected therewith ; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 5 - Whether the use of a railroad is a public or a private one depends in no measure upon the question who constructed it or who owns it. It has never been considered a matter of any importance that the road was built by the agency of a private corporation. No matter who is the agent, the function performed is that of the state. Though the ownership is private the use is public.
Page 125 - Railways heretofore constructed or that may hereafter be constructed in* this State are hereby declared public highways, and shall be free to all persons for the transportation of their persons and property thereon, under such regulations as may be prescribed by law.
Page 261 - Columbia, or the owners or masters of steam, sailing, or other vessels carrying or transporting cattle, sheep, swine, or other animals...
Page 55 - ... all compensation for services rendered for the Government shall be applied to the payment of said bonds and interest until the whole amount is fully paid.