The American and English Railroad Cases: A Collection of All Cases in the Courts of Last Resort in America and England, Volume 28Edward Thompson Company, 1887 |
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Termos e frases comuns
accident agent alleged appellant appellee authority bill of lading brakeman carry cause of action charge Chicago claim common carrier common law complained condemnation condition conductor consignees construction contract contributory negligence corporation counsel crossing danger deceased declaration defect defendant company defendant's depot duty employee engine entitled error exercise fact fare fellow servants fendant freight guilty held injury instructed the jury intestate judgment land liable master ment Micanopy miles motion Muehlhausen N. W. Rep nonsuit notice opinion ordinary Pacific pany party pass passenger person petition plaintiff plaintiff in error platform proper question R. R. Cas rail railroad company railway company reason received recover damages refused rendered road route rule Scollay Square station statute stop Street sustained tending to show testified testimony Texas ticket tion tort track train transportation trial verdict Washingtonville witness yard
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Página 10 - Every railroad company shall have the right with its road to intersect, connect with, or cross, any other railroad; and shall receive and transport each the other's passengers, tonnage, and cars, loaded or empty, without delay or discrimination.
Página 94 - Every such company as aforesaid shall be liable for the loss of or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things, in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants, notwithstanding any notice, condition, or declaration made and given by such company contrary thereto, or in anywise limiting such liability ; every such notice, condition, or declaration being hereby declared to...
Página 286 - ... and at any stage of such new proceedings, the court may authorize the...
Página 364 - Twelve men of the average of the community, comprising men of education and men of little education, men of learning and men whose learning consists only in what they have themselves seen and heard, the merchant, the mechanic, the farmer, the laborer; these sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment thus given it is the great effort of the law to obtain. It is assumed that twelve men know...
Página 712 - Laws of a general nature shall have uniform operation throughout the State, and no special law shall be enacted in any case for which provision has been made by an existing general law.
Página 436 - 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...
Página 173 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Página 94 - every railway company, canal company, and railway and canal company, shall, according to their respective powers, afford all reasonable facilities for the receiving and forwarding and delivering of traffic...
Página 367 - In considering the rights and obligations arising out of particular relations, it is competent for courts of justice to regard considerations of policy and general convenience, and to draw from them such rules as will, in their practical application, best promote the safety and security of all parties concerned.
Página 667 - The burden of proof is always on the plaintiff, in actions of this character, to show that the deceased was in the exercise of ordinary care at the time...