Leading American Railway Cases, on Most of the Important Questions Involved in the Law of Railways, Arranged According to Subjects

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Little, Brown,, 1870 - Leading cases - 656 pages
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Page 389 - ... because the implied contract of the master does not extend to Indemnify the servant against the negligence of any one but himself; and he is not liable in tort, as for the negligence of his servant, because the person suffering does not stand towards him in the relation of a stranger, but Is one whose rights are regulated by contract, express or implied.
Page 46 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 344 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Page 49 - It is not the comity of the courts, but the comity of the nation, which is administered and ascertained in the same way and guided by the same reasoning by which all other principles of municipal law are ascertained and guided.
Page 485 - As to the fifth sort of bailment, viz., a delivery to carry or otherwise manage, for a reward to be paid to the bailee, those cases are of two sorts, either a delivery to one that exercises a public employment, or a delivery to a private person. First, if it be to a person of the first sort, and he is to have a reward, he is bound to answer for the goods at all events.
Page 445 - Offend against any of the provisions of the act or acts creating, altering, or renewing such corporation ; or, 2. Violate the provisions of any law by which such corporation shall have forfeited its charter by abuse of its powers ; or, 3.
Page 47 - It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created.
Page 640 - ... 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 196 - Further, in the light of the decision of the Supreme Court of Georgia in the case of Thomas v.
Page 360 - The relation of master and servant as commonly exemplified in actions brought against the master is not sufficient ; and the general proposition that a person 'shall be answerable for any injury which arises in carrying into execution that which he has employed another to do seems to be too large.

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