The American and English Railroad Cases: A Collection of All Cases, Affecting Railroads of Every Kind, Decided by the Courts of Appellate Jurisdiction in the United States, England, and Canada [1894-1913].
E. Thompson Company, 1899 - Railroad law
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
accident action affirmed agent alleged appellant appellant's appellee authority baggage baggage car brakeman caboose capital stock carrier cause charge Chicago circuit court City common carrier common law conductor constitution contract contributory negligence counsel damages danger defective defendant in error defendant's Douglas County duty employees engine evidence exercise fact fellow servant fire fireman follows fourteenth amendment freight train guilty held hostler injury instructions judgment jury Kansas Kansas City killed legislation legislature liable Louisville & N. R. matter Missouri motion North Judson notes at end opinion ordinary passenger person Peter Stringer plaintiff in error platform presumption proper purpose question railroad company railway company reasonable recover refused rendered road rule station statute supreme court sustained taxation testimony thereof ticket tion track trial Tyroler verdict witness York
Page 92 - But neither the amendment — broad and comprehensive as it is — nor any other amendment, was designed to interfere with the power of the State, sometimes termed its police power, to prescribe regulations to promote the health, peace, morals, education and good order of the people, and to legislate so as to increase the industries of the State, develop its resources, and add to its wealth and prosperity.
Page 110 - ... the equal protection of the laws." These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality ; and the equal protection of the laws is a pledge of the protection of equal laws.
Page 560 - ... when such wrongs are in any manner connected with the use and operation of any railway on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding.
Page 813 - This, not because the creditors to whom such debts are due have in law a lien upon the mortgaged property, or the income, but because in a sense the officers of the company are trustees of the earnings for the benefit of the different classes of creditors and the stockholders, and if they give to one class of creditors that which properly belongs to another, the court may, upon an adjustment of the accounts, so use the income which comes into its own hands as, if practicable, to restore the parties...
Page 93 - police power,' to prescribe regulations to promote the health, peace, morals, education and good order of the people, and to legislate so as to increase the industries of the State, develop its resources and add to its wealth and prosperity. From the very necessities of society, legislation of a special character, having these objects in view, must often be had in certain districts, such as for draining marshes and irrigating arid plains. Special burdens are often necessary for general benefits,...
Page 675 - Where such injury was caused by the negligence of any person in the service of such corporation who has charge of any signal, telegraph office, switch yard, shop, roundhouse, locomotive engine or train upon a railway...
Page 338 - ... although the death shall have been caused under such circumstances as amount in law to felony.
Page 511 - are nothing more or less than the powers of government inherent in every sovereignty, * * * that is to say * * * the power to govern men and things.
Page 560 - every corporation operating a railway shall be liable for all damages sustained by any person, including employees of such corporation, in consequence of the neglect of agents, or by any mismanagement of the engineers or other employees...
Page 630 - TERM, may be in every case a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed.