Harvard Law Review, Volume 28Harvard Law Review Pub. Association, 1915 |
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Common terms and phrases
action amendment apply assumption of risk authority Bank breach carrier cause cestui que trust commerce clause Commission common carrier common law Congress constitutional constructive trust contract corporation creditor criminal damage decision declared defendant definitional consequence doctrine duty easement effect eminent domain employee enforce equity evidence exercise fact federal fraud granted ground held injury intention interest interstate commerce Interstate Commerce Commission intrastate rates involved judicial jurisdiction land legatee or devisee legislative legislature liability limited Mass ment N. Y. App N. Y. Supp negligence opinion owner pardon parties passenger person plaintiff present principle probability promise proximate question railroad reason recover recovery regulation result riparian rule seems statute Statute of Frauds supra Supreme Court testator testator's theory tion tort United valid violation Webb-Kenyon Act Western Union York
Popular passages
Page 163 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Page 180 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this Act, shall to that extent be void...
Page 163 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 91 - Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been understood by the traditions of our people and our law.
Page 173 - Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Page 402 - And provided further, That nothing herein contained shall prevent persons engaged in selling goods, wares, or merchandise in commerce from selecting their own customers in bona fide transactions and not in restraint of trade.
Page 163 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...
Page 770 - Every partner is an agent of the partnership for the purpose of its business, and the Act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership...
Page 273 - All patents granted, or pre-emption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 402 - Provided, That nothing herein contained shall prevent discrimination in price between purchasers of commodities on account of differences in the grade, quality, or quantity of the commodity sold, or that makes only due allowance for differences in the cost of selling or transportation, or discrimination in price in the same or different communities made in good faith to meet competition...