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, 1884 - Railroad law
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accident action agent agreement alleged amount answer appears appellant apply authority bonds bridge brought cause charge circumstances claim common complaint condition considered Constitution construction contract corporation court crossing damages danger deceased defect defendant defendant's direct directors duty effect election employed employees employment engine entitled error evidence exercise existence fact fence give given ground held injury instruction interest issued judge judgment jury liable Manhattan master Metropolitan necessary negligence notice objection officers opinion ordinary party passed person petition plaintiff present principal proper prove question R. R. Cas R. R. Co railroad company railway reason received recover referred repair respect result road rule servant side statute street sufficient suit sustained taken tion township track train trial verdict vote witness York
Page 277 - Insufficiency of the evidence to justify the verdict or other decision, or that it is against law; 7. Error in law, occurring at the trial and excepted to by the party making the application.
Page 338 - By reason of the act or omission of any person in the service of the employer done or made in obedience to the rules or byelaws of the employer, or in obedience to particular instructions given by any person delegated with the authority of the employer in that behalf...
Page 589 - That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, or making any irrevocable grant of special privileges, franchises or immunities, shall be passed by the general assembly.
Page 641 - States, it shall appear to the satisfaction of the said district court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction...
Page 355 - Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.
Page 477 - A rule nisi was subsequently obtained by the defendant to set aside the verdict and enter a nonsuit on the ground that there was no evidence of negligence, and no evidence to show that anything in the nature of a trap existed.
Page 132 - Annexed to the declaration was an account of goods sold to Moore. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, on an agreed statement of facts in substance as follows: The...
Page 329 - An action for relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud.
Page 70 - It may sometimes happen that the terms on which a trustee has dealt or attempted to deal with the estate or interests of those for whom he is a trustee, have been as good as could have been obtained from any other person — they may even at the time have been better. But still so inflexible is the rule that no inquiry on that subject is permitted. The English authorities on this head are numerous and uniform.