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The Law of Railroad Fences and Private Crossings: Including Injuries to ...
William Wheeler Thornton
Pré-visualização indisponível - 2017
action adjoining alleged allowed animal apply bound build built cars cattle cattle-guards cause Central R. R. Chicago claim closed construction contract corporation Court crossing damages danger defendant depot duty entered erect escape evidence fact failure farm feet fence field gate Grand grounds guards Hannibal held highway horse imposed inclosed Indiana Indianapolis injury jury keep killed land land-owner lessee liable limits Louis Louisville maintain Minn Missouri Pacific R. W. N. W. Rep necessary neglect negligence notice obligation Ohio operating owner pany party passing permitted person plaintiff prevent proper protection question R. R. Co railroad company railway reason receiver recover repair road rule run at large running securely shown side station statute statute required street sufficient switch town track train trespass unless York
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 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.