The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and England
Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson
Edward Thompson Company, 1883 - Railroad law
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accident action affirmed agent Alabama and Tennessee alleged amendment appellant appellee assessment authority brakeman carrier cause charge charter Chicago Cincinnati circumstances common carrier complaint Concord company conductor consolidated company Constitution Constitution of California construction contract contributory negligence counsel court crossing Dalton danger deceased declaration defective defendant defendant's demurrer depot duty employees engine error evidence exercise facts feet Fourteenth Amendment franchises freight gence Georgia guilty held highway horse Indianapolis injury instruction intestate judgment jury land lease legislature liable lien lines of road locomotive mortgage motion negligence per se Ohio St operated opinion ordinary pany party passed passengers person plaintiff plaintiff in error proper question R. R. Cas rail railroad company rate of speed reason recover damages rule running servants statute stockholders sustained testimony thereof tiff tion track train trial Ultra Vires verdict wagon witness
Page 46 - A mortgage, deed of trust, contract, or other obligation by which a debt is secured, shall, for the purposes of assessment and taxation, be deemed and treated as an interest in the property affected thereby.
Page 322 - ... another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Page 197 - 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 46 - Provided, that if any such security or indebtedness shall be paid by any such debtor or debtors, after assessment and before the tax levy, the amount of such levy may likewise be retained by such debtor or debtors, and shall be computed according to the tax levy for the preceding year.
Page 27 - It is sufficient to observe here, that by 'due process' is meant one which, following the forms of law, is appropriate to the case, and just to the parties to be affected. It must be pursued in the ordinary mode prescribed by the law ; it must be adapted to the end to be attained; and wherever it is necessary for the protection of the parties, it must give them an opportunity to be heard respecting the justice of the judgment sought.
Page 12 - ... shall have the same right, in every State and Territory in the United States, to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to the full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens...
Page 412 - It appears to us that the proper question for the jury in this case, and, indeed, in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether 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 89 - ... if they are in the employment of the same master, engaged in the same common enterprise, both employed to perform duties tending to accomplish the same general purposes, or, in other words, if the services of each in his particular sphere or department are directed to the accomplishment of the same general end...
Page 25 - The franchise, roadway, roadbed, rails, and rolling stock of all railroads operated in more than one county in this State shall be assessed by the State Board of Equalization at their actual value, and the same shall be apportioned to the counties, cities and counties, cities, towns, townships, and districts...
Page 46 - ... the value of the property affected by such mortgage, deed of trust, contract, or obligation, less the value of such security, shall be assessed and taxed to the owner of the property, and the value of such security shall be assessed and taxed to the owner thereof, in the county, city, or district in which the property affected thereby is situate.