American Negligence Cases: A Complete Collection of All Reported Negligence Cases Decided in the United States Supreme Court, the United States Circuit Court of Appeals, All the United States Circuit and District Courts, and the Courts of Last Resort of All the States and Territories, from the Earliest Times, with Selections from the Intermediate Courts : [1789-1897] Topically Arranged, with Notes of English Cases and Annotations, Volume 2
Remick, Schilling & Company, 1896 - Law reports, digests, etc
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accident action affirmed agent alleged Appellate Court appellee attempting to alight attempting to board carrier cause Central R.R. charge Chicago Childersburg Circuit Court circumstances cited common carrier comparative negligence complained conductor contributory negligence crossing danger deceased declaration defendant defendant's depot diligence driver duty employees engine error evidence exercise freight train gence Georgia given ground guilty of negligence held horse car judgment jump jury believe leave the car liable motion moving train negligence per se nonsuit North Chicago opinion ordinary personal injuries plaintiff plaintiff in error platform proper prudence question R.R. Co R'y Co railing railroad company railway company reasonable received recover damages refused remittitur road rule safely safety senger servants signal speed started station step stop the train stopping place street car sufficient Supreme Court testified testimony thrown ticket tiff tion track train stopped trial verdict West Point witness
Page 352 - A railroad company shall Be liable for any damage done to persons, stock or other property, by the running of the locomotives or cars, or other machinery of such company, or for damage done by any person In the employment...
Page 349 - 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...
Page 407 - In every tort there may be aggravating circumstances, either in the act or the intention, and in that event the jury may give additional damages, either to deter the wrong-doer from repeating the trespass, or as compensation for the wounded feelings of the plaintiff.
Page 300 - She was bound to listen and to look before attempting to cross the railroad track, in order to avoid an approaching train, and not to walk carelessly into the place of possible danger. Had she used her senses, she could not have failed both to hear and to see the train which was coming. If she omitted to use them, and walked thoughtlessly upon the track, she was guilty of culpable negligence, and so far contributed to her injuries as to deprive her of any right to complain of others.
Page 312 - ... conclusions has been drawn by the Jury. The Inferences to be drawn from the evidence must either be certain and incontrovertible, or they cannot be decided upon by the court Negligence cannot be conclusively established by a state of facts upon which fair-minded men may well differ.
Page 421 - His illustrations may be as various as the resources of his genius ; his argumentation as full and profound as his learning can make it; and he may, if he will, give play to his wit, or wings to his imagination.
Page 277 - Ryan, deceased, to recover damages for his death alleged to have been caused by the negligence of the defendant company.
Page 275 - The judge who tries the cause may, in his discretion, entertain a motion to be made on his minutes to set aside a verdict and grant a new trial upon exceptions, or for insufficient evidence, or for excessive damages...
Page 541 - The true doctrine, therefore, we think is, that in proportion to the negligence of the defendant should be measured the degree of care required of the plaintiff, — that is to say, the more gross the negligence manifested by the defendant, the less degree of care will be required of the plaintiff to enable him to recover.