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 9
Remick, Schilling & Company, 1899 - Law reports, digests, etc
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
action for damages agents alleged appeared appellant appellee Arapahoe county baggage baggage car Boston caboose carriers of passengers cause Central R.R. charge Chicago circumstances City R'y common carriers Concord Railroad conductor contributory negligence damages for injuries danger deceased defect defendant defendant's train depot derailment diligence driver duty employees error evidence exercise facts freight train front platform gence ground guilty held injuries sustained intestate Iowa Island R.R. Judgment affirmed judgment for plaintiff Judgment reversed jury liable Little Rock Louis Louisville Mass Minn Missouri motion N. Y. Supp nonsuit opinion overturning passenger car passing person plaintiff in error plaintiff's intestate presumption question rail railroad company railway company reason recover damages refused Reported riding road rule safe seat sengers side stage coach standing station Steamboat street car Street R'y struck Supreme Court testified testimony thrown tion track trial verdict witness
Page 361 - And be it enacted, 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 316 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion from them that the question of negligence is ever considered as one of law for the court.
Page 134 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 361 - ... 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 645 - In case any passenger on any railroad shall be injured while on the platform of a car, or on any baggage, wood, or freight car, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, such company shall not be liable for the injury ; provided, such company at the time furnished room inside its passenger cars sufficient for the proper accommodation of the passengers.
Page 134 - The question always Is: Was there an unbroken connection between the wrongful act and the inJury — a continuous operation? Did the facts constitute a continuous succession of events so linked together as to make a natural whole, or was there some new and independent cause Intervening between the wrong and the injury?
Page 317 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it has actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits. Whenever it...
Page 47 - ... the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 542 - ... in charge thereof for defendant, and the same is not shown to have been caused by any defect in said road or car, then the plaintiff could not recover for any injuries caused thereby, and the jury should find for the defendant.