The Law of Railroad Fences and Private Crossings: Including Injuries to Animals on Right of Way Caused by Negligence

Capa
Bowen-Merrill Company, 1892 - 590 páginas
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Índice

CHAPTER XVIII
301
COLLISION WITH ANIMALS
305
XIX CONTRIBUTORY NEGLIGENCE IN STATUTORY ACTIONS
313
Company Attracting Stock on Track
321
Contributory Negligence
322
Burden to Show Negligence is upon the Plaintiff
325
Negligence not Inferred from Proof of Injury
326
STATUTE OF LIMITATIONS
327
NOTICE TO BUILD FENCE OR CROSSINGOWNER BUILDING
331
THE MEASURE OF DAMAGES
334
XXILI PLEADING AND PRACTICE
348
Double DamagesNoticePractice 232 Object and Service of NoticeSufficiency of Affidavit 253 ChampertyCombination of Cattle Owners to Prose cute...
349
PART IIPRIVATE CROSSINGS
407
PRIVATE CROSSINGS CHAPTER XXIV
409
Constant Lookout by Engineer 299 Sudden Entry of Animal upon Track 300 Animal Near Track 301 Duty when Stock Scared and Near Track 302 ...
458
Rate of Speed
484
Rate of Speed at Particular Times and Places 305 Rate at Night
487
Illegal Rate
488
May Increase Speed in Case of Danger
489
Expert Testimony
490
Unsafe or Insufficient Appliances
491
Failure to use Bell and Whistle
492
Statutory Requirements Concerning use of Bell and Whistle in Missouri
493
Statutory Requirements Concerning use of Bell and Whistle in Illinois
494
Statutory Requirements in Several States
496
Contributory Negligence
501
Rules in Regard to Contributory Negligence 317 Animal Trespassing on Track or Unlawfully at Large 318 Animal Unlawfully at Large
511
Same ContinuedArkansas
528
Same ContinuedGeorgis
529
Same ContinuedMississippi
533
Same Continued TennesseeNorth CarolinaDa kota
534
Pleading
537
Negligence a Question for the JuryDirecting Ver dictDemurrer to Evidence
539
Miscellaneous
541
Company Liable if it Must FenceHighway 53 Escaping Stock 54 At Large in Violation of Herd Law 55 Regulation by Board of County Commission...
543
Right
546
Mandamus Lies to Compel Company to Build its Fence
571
Direitos de autor

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Passagens conhecidas

Página 529 - A railroad company shall be liable for any damage done to persons, stock or other property, by the running of the locomotives, or cars, or other machinery of such company, or for damage done by any person in the...
Página 288 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Página 273 - Also sufficient posts, rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereout...
Página 251 - Hamilton v. McPherson, 28 NY 72, it is said by Judge Selden: 'The law, for wise reasons, imposes upon a party subjected to injury from a breach of contract, the active duty of making reasonable exertions to render the injury as light as possible.
Página 125 - ... and such gates shall be of such dimensions and so constructed as when closed to fence in the railway, and prevent cattle or horses passing along the road from entering upon the railway...
Página 495 - A bell of at least thirty pounds weight or a steam whistle shall be placed on each locomotive engine, and shall be rung or whistled at the distance of at least eighty rods from the place where the...
Página 187 - ... there is nothing in the language of the statute to indicate that the legislature intended to use the term in a broader sense than that in which it is ordinarily employed.
Página 200 - It is now well settled, certainly in this state, that where a statute or municipal ordinance imposes upon any person a specific duty for the protection or benefit of others, if he neglects to perform that duty he is liable to those for whose protection or benefit it was imposed for any injuries of the character which the statute or ordinance was designed to prevent, and which were proximately produced by such neglect.
Página 4 - ... become the property of the same person, the pre-existing obligation to repair the fences is destroyed by the unity of ownership. And where the person, who has so become the owner of the entirety afterwards parts with one of the two closes, the obligation to repair the fences will not revive, unless express words be introduced into the deed of conveyance for that purpose, Per Bayley, J.
Página 533 - In all actions against railroad companies for damages done to persons or property, proof of injury inflicted by the running of the locomotives or cars of such company shall be prima facie evidence of the want of reasonable skill and care on the part of the servants of the company in reference to such injury.

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