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accepted accident action agent allowed amount appeal arrival authority bound carriage carrier carry cattle caused charge Chief Justice circumstances claimed coal common common carriers Common Pleas Company Company's concurred condition consignee contended contract Court Court of Common Court of Exchequer damages Defendant delay delivered delivery directed duty Eastern engine entitled evidence fact gave give given ground held horse injury Judge Judgment Jury Law Journal Reports liable London London and North Lord loss lost luggage Midland negligence North Western notice opinion owner package packed paid parcels parties passenger person Plaintiff proved question Railway Company reasonable received recover refused Reports respect responsible risk rule sender sent servants South special contract station taken ticket took train transitu travelling trial tried verdict waggons Western Railway
Sivu 849 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Sivu 276 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Sivu 951 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engaged in his work.
Sivu 69 - The law charges this person, thus entrusted, to carry goods against all events, but acts of God and of the enemies of the king. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable. And this is a politic establishment, contrived by the policy of the law, for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Sivu 158 - ... as shall be adjudged by the court or judge before whom any question relating thereto shall be tried to be just and reasonable...
Sivu 900 - There can be no doubt of the power of the court to grant a new trial where in such an action the damages are excessive.
Sivu 51 - ... provided that all such tolls be at all times charged equally to all persons, and after the same rate, whether per ton per mile or otherwise, in respect of all passengers, and of all goods or carriages of the same description, and conveyed or propelled by a like carriage or engine, passing only over the same portion of the line of railway under the same circumstances...
Sivu 749 - A common carrier has therefore been defined to be one who undertakes for hire or reward to transport the goods of such as choose to employ him, from place to place.
Sivu 277 - ... we find that the only circumstances here communicated by the plaintiffs to the defendants at the time the contract was made, were, that the article to be carried was the broken shaft of a mill, and that the plaintiffs were the millers of that mill.
Sivu 212 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.