A Treatise on the Federal Employers' Liability and Safety Appliance Acts

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W.H. Anderson Company, 1909 - 410 páginas
 

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Effect of Act of 1908 on state legislation 16 Effect of Act of 1908 on state legislation continued
26
Result of decisions
31
17a Must interstate employee bring his action on the statute?
32
Act of 1906 validity in District of Columbia and Territories 19 Construction of statute
33
CHAPTER III
35
While engaging in interstate commerce between the states
40
To whom common carriers by railroad liable
42
What employe may bring action upon the statute 24a Interstate employe injured by negligence of intrastate employe
48
CHAPTER IV
51
Contributory negligence defined
55
32 Comparative negligence
56
Origin of rule of comparative negligence
57
Georgia statutes
58
Differs from Federal statute
59
Georgia statutes construed
60
Burden on plaintiff to show freedom from his own fault
64
Charge to jury under Georgia Code
65
Recovery by a railway employe
66
Apportionment of damages
67
An epitome of the Georgia cases 44 Comparative negligence in Illinois
72
Negligence a relative term
74
Illinois rule extended 47 Ordinary care wantingPlaintiffs negligence slight
75
Want of ordinary care defeats a recovery
77
Failure to exercise ordinary care more than slight negligence 50 Ordinary and slight negligence in their popular sense
79
Mere preponderance of defendants negligence not sufficient Defendants clearly exceeding plaintiffs negligence
80
Gross and slight negligence distinguished
81
Plaintiffs negligence must be compared with that of the de fendant
83
Plaintiffs negligence compared with defendants
86
Willful injury by defendantSlight negligence of plaintiff
88
Jury must compare the negligence of the defendant with that of the plaintiff 58 Instructions must require comparison
89
IllustrationEngine striking hand carUnlawful speed 60 IllustrationMail crane striking fireman
90
Admiralty suitsApportionment of damages
91
Origin of admiralty rule
93
Rule in admiralty commended
95
Difficulty of apportioning damages
96
Assumption of risk 66 Contributory negligence does not prevent a recoveryHow damages are apportioned
97
66a Negligence of plaintiff necessary to concur with defendants to produce the injury
99
Directing the verdictDue care 69 Court telling jury particular acts constitute contributory neg ligence
101
Rules of contributory negligence must be considered 71 Injury occasioned by defendant having violated a safety device statute 72 Presenting the def...
102
72a When contributory negligence does not diminish damages
104
CHAPTER V
105
Constitutionality of statute allowing recovery for beneficiaries
106
Deceased without right to recover
107
Beneficiaries on death of injured employe
108
No husband or widow surviving 81 Next of kin dependent upon employe
109
Who are dependent upon deceased 83 Bastard
111
Emancipated child 85 Adopted child Posthumous child 87 Beneficiaries must survive deceasedCompla
112
Statute of limitations
113
Complaint
116
Damage by way of solatium 91 Damages for suffering of deceased
118
Measure of damages
119
Interest 94 Damages not part of the estate 95 Judgment recovered by deceased 96 Costs
123
Death of beneficiary 98 Declarations of deceased 99 Distribution of amount recovered
124
99a Right of widow to sue under state statute 125 86
125
PART II
141
CHAPTER VIII
143
Resolutions of American Railway Association 112 Object of statuteConstruction
146
Constitutionality of statute
147
Interpretation of statute
148
CHAPTER IX
150
Inhibition of statuteCar employed in interstate traffic
155
Car in use what is
156
Hauling or using car not loaded with interstate traffic in interstate train 122 Transportation of articles of interstate commerce for an inde pendent expr...
157
Belt railroadTerminal road
160
Car on spur track
161
Used in moving interstate trafficSending car to repair shop Making up train
162
Car not used in interstate commerce 129 Temporary suspension of transportation 130 Permitting cars to be hauled over its lines
163
Freight designed for another stateNot yet left the first state
164
Intrastate trafficNarrow gauge railroad wholly within state
165
Intrastate railroad engaged in carrying interstate commerce articles
166
United States against Geddes denied
168
BurdenReasonable doubt
178
CHAPTER X
181
Empty carCar used in moving interstate commerce
183
Empty car used in interstate train 138a Hauling empty car to repair shop 139 Proviso to Section 6Fourwheeled and logging cars
185
Kind of coupler to be used
186
Without the necessity of men going between the ends of cars 142 Both ends of every car must be equipped with automatic 186 couplers
188
Erroneous instructions concerning heights of draw bars 145 Construction of Section 5
190
Insufficient operation of coupler 147 Improper operation of sufficient coupler 148 Preparation of coupler for coupling
191
B defect card 150 Receiving an improperly equipped foreign car 151 Quæstion for jury
192
When a federal question is presented
193
HandholdsThrough train
194
REPAIRS
195
Cars in transitConstruction of statute
207
Destination of car nearer than repair shop
213
Failure to provide or repair defective handhold
219
CHAPTER XII
225
Proximate cause of injury
231
ACTION TO RECOVER PENALTY
237
APPENDIX
243
APPENDIX C
261
APPENDIX
269
PAGE
274
United States v Wabash Railroad Company
282
United States v Atchison Topeka Santa Fe Railway Co
299
Belt Railway Company of Chicago Plaintiff in Error v United
306
The United States v Philadelphia Reading Railway Co
315
United States v Pennsylvania Railroad Company
321
The United States v Atchison Topeka Santa Fe R R Co
329
United States v Nevada County Narrow Gauge R R Co
337
United States v Southern Pacific Company 13
343
United States v Boston Maine Railroad Company
350
Lnited States v Baltimore Ohio Railroad Company
357
United States v Southern Railway Company
367
The United States of America Plaintiff in Error v The Illinois
376
INDEX
391
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Página 267 - ... for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. The term "railroad...
Página 324 - January, eighteen hundred and ninety-eight, it shall be unlawful for any such common carrier to haul ' or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.
Página 244 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Página 268 - That no operator, train dispatcher, or other employee who by the use of the telegraph or telephone dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements...
Página 239 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee...
Página 257 - By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...
Página 241 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this Act, shall to that extent be void...
Página 36 - That every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...
Página 240 - 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...
Página 260 - An act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other purposes.

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