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, 1898 - Railroad law
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accident action affirmed agent alleged amount answer appellant appellee applied approaching authority carried carrier cause cent charge Chicago circumstances claim common complaint condition conductor considered constitution construction contract corporation cost court crossing damages danger death defendant defendant's delivered determine direction duty effect employees engine entered error evidence exercise facts feet fixed follows freight further give given going grant ground hand held injury instruction issue judgment jury land liable limitation miles necessary negligence Northern operation opinion ordinary party passed passenger person plaintiff present proper question rail railroad company railway railway company rates reasonable received recover refused result road rule running servants side station statute stop street sufficient sustained taken testimony tion track train transportation traveling trial verdict witness
Page 507 - ... a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property...
Page 21 - No court will lend its aid to a man, who founds his cause of action upon an immoral or illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted.
Page 134 - But it is well settled that the court may withdraw a case from them altogether and direct a verdict for the plaintiff or the defendant, as the one or the other may be proper, where the evidence is undisputed or is of such conclusive character that the court, in the exercise of a sound judicial discretion, would be compelled to set aside a verdict returned in opposition to it.
Page 27 - But no law shall ^ -authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained...
Page 762 - Now, upon the facts proved, it was urged on the part of the plaintiff, that the case should have been submitted to the jury, on the question as to whether there was evidence of the scienter.
Page 507 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect or receive from any person or persons a greater or less compensation...
Page 217 - If the right of recovery in this class of cases should be once established, it would naturally result in a flood of litigation in cases where the injury complained of may be easily feigned without detection, and where the damages must rest upon mere conjecture or speculation. The difficulty which often exists in cases of alleged physical injury, in determining whether they exist, and if so, whether they were caused by the negligent act of the defendant, would not only be greatly increased, but a...
Page 524 - ... the failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.