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, 1886 - Railroad law
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accident action affirmed agent alleged appellant appellant's appellee authority baggage bill of lading brakeman caboose carriage carried cause Cent charge Chicago circumstances claimed common carrier complaint conductor consignee contract contributory negligence corporation counsel court death deceased defect defendant defendant's delivered depot duty employed employees engine error evidence exercise express facts fare fellow-servants freight given hand-car held Hooksett injury resulting instructions intestate Iowa judgment jury liability Lord Campbell's Act loss master motion opinion ordinary pany party passenger pecuniary person Philip Weber plaintiff plaintiff in error platform proof proper question R. R. Cas rail railroad company railway company reasonable received recover damages refused ride road rule safe servant shipper station station agent statute stop subrogation sustained tending to show testimony Texas ticket tion track train transportation trial trunks verdict wife witness Wonewoc
Page 194 - Action the Jury may give such Damages as they may think proportioned to the injury resulting from such Death to the Parties respectively for whom and for whose Benefit such Action shall be brought...
Page 210 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter for an injury for the same act or omission.
Page 156 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
Page 172 - 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 305 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 8 - In regard to this the court declared that, "for the purposes of this case, we must treat the act of Louisiana of February 23, 1869, as requiring those engaged in interstate commerce to give all persons traveling in that state, upon the public conveyances employed in such business, equal rights and privileges in all parts of the conveyance, without distinction or discrimination on account of race or color.
Page 499 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 565 - The general rule, resulting from considerations as well of justice as of policy, is that he who engages in the employment of another, for the performance of specified duties and services for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal contemplation the compensation is adjusted accordingly...