American Negligence Reports, Current Series: (cited Am. Neg. Rep.) All the Current Negligence Cases Decided in the Federal Courts of the United States, the Courts of Last Resort of All the States and Territories, and Selections from the Intermediate Courts, Together with Notes of English Cases and Annotations, Volume 20
John Milton Gardner, Walter James Eagle
Remick & Schilling, 1907 - Employers' liability
"All the current negligence cases decided in the federal courts of the United States, the courts of last resort of all the states and territories, and selections from the intermediate courts, together with notes of English cases and annotations." (varies)
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accident action affirmed agent alleged appellant appellee assumed authority building carrier caused charge circumstances Coal common condition construction contract corporation court crossing damages danger defect defendant defendant's directed duty electric employed employees engine error evidence exceptions exercise existed fact failed failure fall feet fell fire give given going ground held hold horse injury instruction judgment jury knowledge known liable machine Mass master means motion N. E. Rep necessary negligence notice operation opinion ordinary owner parties passed passenger performance person plaintiff position present proper question railroad Railway reason received recover responsible result reversed risk rule running safe safety servant side standing stopped street struck sufficient Supreme Court sustained testified testimony tion track train trial verdict wire witnesses
Page 458 - That must always rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification is proposed, and can never be made arbitrarily and without any such basis.
Page 733 - The court said 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 455 - Kansas of 1874 providing that "every railroad company organized or doing business in this state shall be liable for all damages done to any employee of such company in consequence of any negligence of its agents, or by any mismanagement of its engineers or other employees to any person sustaining such damage...
Page 471 - Without, therefore, considering the merits of this cause, the judgment must be reversed, and the cause remanded for such further proceedings as may be consistent with this opinion. It is so ordered.
Page 15 - To sue and be sued in all courts and places and in all actions and proceedings whatever...
Page 146 - ... the shipper to be paid a large value for an article which he has induced the carrier to take at a low rate of freight on the assertion and agreement that its value is a less sum than that claimed after a loss. It is just to hold the shipper to his agreement, fairly made, as to value, even where the loss or injury has occurred through the negligence of the carrier. The effect of the agreement is to cheapen the freight and secure the carriage, if there is no loss; and the effect of disregarding...
Page 294 - ... was in the exercise of ordinary care for his own safety at the time of the accident.
Page 518 - Melrose, a locomotive engineer, to recover damages for personal injuries received by him while in the employ of the appellant. The accident, in which appellee was injured, occurred on April 25, 1902.
Page 24 - One is bound to anticipate and provide against what usually happens and what is likely to happen ; but it would impose too heavy a responsibility to hold him bound in like manner to guard against what is unusual and unlikely to happen, or what, as it is sometimes said, is only remotely and slightly probable.
Page 190 - J., observed that in order for it to apply "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 defendants, that the accident arose from want of care.