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action agent allowed amount apply authority Boston bound carriage carrier carry cars cause Cent Central charge Chicago circumstances cited City claim common law Conn consignee contract corporation court crossing damages death defendant deliver delivery duty effect employe entitled Erie evidence exemption exist fact fence freight give given grant held injury interest Iowa jury land latter liable limitation live loss Louis Maine manner Mass Miss necessary negligence notice Ohio St operating ordinary owner pany party pass passenger Paul Penn person plaintiff principle proper question R. R. Co railroad company railway reasonable received recover recovery regard respect result River road rule servant statute street suit supra taxation thereof tion track train transportation Wall Western wrong York
Page 1300 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
Page 1311 - ... the Constitution of the United States which prohibits a State from passing any law impairing the obligation of a contract. Whatever is granted is secured subject only to the limitations and reservations in the charter or in the laws or constitutions which govern it. This company, in the transactions of its business, has the same rights and is subject to the game control as private individuals under the same circumstances.
Page 1023 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Page 1307 - It presents, therefore, a case for the application of a long-known and well-established principle in social science, and this statute simply extends the law so as to meet this new development of commercial progress.
Page 1299 - are nothing more or less than the powers of government inherent in every sovereignty, * * that is to say, * * the power to govern men and things.
Page 1308 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations.
Page 1298 - States, it is old as a principle of civilized government. It is found in Magna Charta, and, in substance if not in form, in , nearly or quite all the constitutions that have been from time to time adopted by the several States of the Union. By the...
Page 1306 - They stand, to use again the language of their counsel, in the very "gateway of commerce," and take toll from all who pass. Their business most certainly "tends to a common charge, and is become a thing of public interest and use.
Page 1307 - For our purposes we must assume that, if a state of facts could exist that would justify such legislation, it actually did exist when the statute now under consideration was passed.