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accident action agents alleged answer appear appellant approaching attempting authority avoid bell bound carried carrier cars cause charge Chicago circumstances claim common complaint conductor considered construction contract contributory negligence court crossing damages danger deceased defendant defendant's delivered direction distance duty east employees engine entitled error evidence exercise facts feet give given going ground guilty held highway horse injury instruction judgment jury land liable locomotive looked means motion necessary negligence notice opinion ordinary party passenger passing person plaintiff present proper prove question R. R. Co railroad company railway reached reason received recover refused result road rule running side signals speed station statute stop street sufficient sustained switch taken testimony ticket tion track train transportation travelling trial verdict wagon warning whistle witnesses
Стр. 294 - All that is perfectly correct: for, although the ass may have been wrongfully there, still the defendant was bound to go along the road at such a pace as would be likely to prevent mischief. Were this not so, a man might justify the driving over goods left on a public highway, or even over a man lying asleep there, or the purposely running against a carriage going on the wrong side of the road.
Стр. 318 - The cause was tried to a jury, and resulted in a verdict and judgment for plaintiff for $452.44.
Стр. 484 - ... or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for where both are equally in fault, potior est conditio dcfendentis.
Стр. 483 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this : Ex dolo malo non oritur actio.
Стр. 470 - ... 1 of the Constitution of the United States, which provides that no State shall pass any law impairing the obligation of a contract, and also violated that clause of the fourteenth amendment of that instrument, which provides that no State shall deprive any person of property without due process of law.
Стр. 562 - The Company shall not be entitled to any Mines of Coal, Ironstone, Slate, or other Minerals under any Land purchased by them, except only such Parts thereof as shall be necessary to be dug or carried away or used in the Construction of the Works...
Стр. 490 - By reason of the negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive engine, or train upon a railway...
Стр. 599 - Every railroad company shall have the right with its road to intersect, connect with, or cross, any other railroad; and shall receive and transport each the other's passengers, tonnage, and cars, loaded or empty, without delay or discrimination.