American Negligence Cases: A Complete Collection of All Reported Negligence Cases Decided in the United States Supreme Court, the United States Circuit Court of Appeals, All the United States Circuit and District Courts, and the Courts of Last Resort of All the States and Territories, from the Earliest Times, with Selections from the Intermediate Courts : [1789-1897] Topically Arranged, with Notes of English Cases and Annotations, Band 8Remick, Schilling & Company, 1898 |
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alleged appellant appellee assault authority Blount Springs brakeman carrier cause cents charge Chicago common carrier conductor contract corporation defendant ductor duty ejection from train employees entitled to recover error evidence exemplary damages expelled expulsion facts force forcible ejection forcibly freight train Georgia R. R. Hanceville held Illinois Central R. R. injury instructed the jury insult Iowa judgment for plaintiff Lake Erie leave the train liable Louis malicious Minn motion Nashville R. R. negligence Ohio Pacific R. R. Pacific R'y passenger pay fare pay his fare person plaintiff in error platform punitive damages question Railroad Co railroad company railway company reasonable recover damages refusal to pay regulation reported ride road rule S. W. Rep senger servant Southern Pacific Co Southern R'y station stop Supreme Court sustained Terre Haute testified testimony Texas tiff tion trespasser trial verdict violence Western R. R. wilful wrongfully York
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Seite 117 - 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...
Seite 595 - The result of the cases is, that for acts done by the agents of a corporation, either in contractu or in dclicto, in the course of its business, and of their employment, the corporation is responsible, as an individual is responsible under similar circumstances.
Seite 466 - If any passenger shall refuse to pay his fare, it shall be lawful for the conductor of the train and the servants of the corporation to put him. and his baggage out of the cars, using no unnecessary force, at any usual stopping place, or near any dwelling house, as the conductor shall elect, on stopping the train.
Seite 71 - In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.— 1905:621.
Seite 403 - And where a suit is now pending, or may be hereafter brought in any state court in which there is a controversy between a citizen of the state in which the suit is brought, and a citizen of another state...
Seite 403 - State, may remove such suit into the circuit court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said circuit court that from prejudice or local influence he will not be able to obtain justice in such State court...
Seite 226 - In every case involving actionable negligence, there are necessarily three elements essential to Its existence: (1) The existence of a duty on the part of the defendant to protect the plaintiff from the injury of which he complains; (2) a failure by the defendant to perform that duty ; and (3) an injury to the plaintiff from such failure of the defendant. When these elements are brought together, they unitedly constitute actionable negligence. The absence of any one of these elements renders a complaint...
Seite 351 - Whenever the injury complained of has been inflicted maliciously or wantonly, and with circumstances of contumely or indignity, the jury are not limited to the ascertainment of a simple compensation for the wrong committed against the aggrieved person. But the malice spoken of in this rule is not merely the doing of an unlawful or injurious act. The word implies that the act complained of was conceived in the spirit of mischief, or of criminal indifference to civil obligations.
Seite 652 - STORY delivered the opinion of the Court : — This is a writ of error to a judgment of the Circuit Court of the District of Georgia, rendered in an action in which McGran (the defendant in error) was originally plaintiff.
Seite 6 - ... unless it was done wilfully, or was the result of that reckless indifference to the rights of others, which is equivalent to an intentional violation of them.