Liability of Common Carriers to Employees: Hearings Before a Subcommittee of the Committee on the Judiciary, United States Senate, on the Bill (S. 3080) Relating to the Liability of Common Carriers Engaged in Commerce to which the Regulative Power of Congress Extends Under the Constitution of the United States. Feb. 20, 1908U.S. Government Printing Office, 1908 - 56 halaman |
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applied argument burdens cars classification clause committee common carrier common law comparative negligence CONGRESS LIBRARY CONGRESS THE LIBRARY Constitution construed contributory neglect contributory negligence corporation dangers death decision defendant difference doctrine of contributory doctrine of fellow-servant doctrine of proximate election employed employment enacted engaged in interstate engines equal protection exposed extra hazard fact fifth amendment fourteenth amendment gence GRESS held indemnity injury interstate commerce intrastate Iowa Judge Humphrey jury justice Kansas language LATHROP legislature liability act LIBRARY OF CONGRES LIBRARY OF CONGRESS limited Lord Campbell's act maritime Medaris Minnesota statute movement thereof negligence caused operating a railroad opinion party passed peculiar hazards person injured personal representative plaintiff power of Congress proposed proximate cause question railroad company Railway Company reason recovery relief benefit RESS road rule of liability Senator KNOX servants STHE LIBRARY submit supreme court tion track train unconstitutional United verdict Warfield
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Halaman 15 - 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...
Halaman 35 - ... 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.
Halaman 35 - SEC. 6. That no action shall be maintained under this Act unless commenced within two years from the day the cause of action accrued.
Halaman 37 - It is apparent that the mere fact of classification is not sufficient to relieve a statute from the reach of the equality clause of the Fourteenth Amendment, and that in all cases it must appear not only that a classification has been made, but also that it is one based upon some reasonable ground — some difference which bears a just and proper relation to the attempted classification — and is not a mere arbitrary selection.
Halaman 14 - All the waters of the United States, during the time the mail is carried thereon. All railroads or parts of railroads which are now or hereafter may be in operation.
Halaman 54 - This rule applies usually in cases where the plaintiff or his property is in some position of danger from a threatened contact with some agency under the control of the defendant, when the plaintiff cannot, and the defendant can, prevent the injury But this principle cannot govern where both parties are contemporaneously and actively in fault, and by their mutual carelessness an injury ensues to one or both of them.
Halaman 38 - For this court has held that classification " must always rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification is proposed and can never be made arbitrarily and without any such basis.
Halaman 42 - And when legislation applies to particular bodies or associations, imposing upon them additional liabilities, it is not open to the objection that it denies to them the equal protection of the laws, if all persons brought under its influence are treated alike under the same conditions.
Halaman 3 - Act, such common carrier may set off therein any sum it has contributed or paid to any insurance, relief benefit, or indemnity that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which said action was brought.
Halaman 39 - ... and no contract which restricts such liability shall be legal or binding.