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The Liability of Railroads to Interstate Employees; A Study of Certain ...
Philip Joseph Doherty
No preview available - 2015
The Liability of Railroads to Interstate Employees: A Study of Certain ...
Philip Joseph Doherty
No preview available - 2016
Act of Congress amended apply arising assumed the risk assumption of risk authority boiler brakes cause of action Chicago chief inspector Circuit Court classification commerce clause common carrier common employment common law Constitution contributory negligence damages death defective car defense District of Columbia doctrine drawbars duty eighteen hundred engaged in interstate equipped exercise existing federal courts fellow-servant freedom of contract freight Hoxie inter Interstate Commerce Commission interstate railroad interstate traffic judicial jurisdiction jury Justice legislative power legislature Liability Act liberty of contract limits locomotive Louis March second master and servant ment merce movement operation opinion perils personal injuries plaintiff ployees power of Congress power to regulate protection provisions purpose question railroad company railway reason recover relation remedy repair right to contract rule S. W. Rep Safety Appliance Act safety of employees Supreme Court tion track train United violation
Page 336 - ... for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. The term "railroad...
Page 106 - 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 326 - An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with drivingwheel brakes, and for other purposes," approved March second, eighteen hundred and ninety-three, and amended April first, eighteen hundred and ninety-six.
Page 161 - The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of discharge to conform to regulations which their judgment, fairly exercised, would pronounce to be detrimental to their health or strength. In other words, the proprietors lay down the rules, and the laborers are practically constrained to obey them. In such cases self-interest is often an unsafe guide, and the Legislature may properly interpose its authority.
Page 127 - ... and if none, then of such employee's parents, and if none, then to the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents or employees of such carrier...
Page 325 - States having jurisdiction in the locality where such violation shall have been committed; and it shall be the duty of such district attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred; and it shall also be the duty of the Interstate Commerce Commission to lodge with the proper district attorneys information of any such violations as may come to its knowledge...
Page 320 - ... 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: Proridfd.
Page 317 - ... 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 325 - ... to be recovered in a suit or suits to be brought by the United States district attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed...
Page 149 - If commerce does not include navigation, the government of the Union has no direct power over that subject, and can make no law prescribing what shall constitute American vessels, or requiring that they shall be navigated by American seamen. Yet this power has been exercised from the commencement of the government, has been exercised with the consent of all, and has been understood by all to be a commercial regulation. All America understands, and has uniformly understood, the word "commerce