The Federal Reporter, Volume 39West Publishing Company, 1889 Includes cases argued and determined in the District Courts of the United States and, Mar./May 1880-Oct./Nov. 1912, the Circuit Courts of the United States; Sept./Dec. 1891-Sept./Nov. 1924, the Circuit Courts of Appeals of the United States; Aug./Oct. 1911-Jan./Feb. 1914, the Commerce Court of the United States; Sept./Oct. 1919-Sept./Nov. 1924, the Court of Appeals of the District of Columbia. |
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Halaman 18
... MASTER AND SERVANT - FELLOW - SERVANTS . A telegraph operator is not a fellow - servant with a brakeman . 8. SAME - RAILROAD COMPANIES - RULES . Under rules requiring a telegraph operator " to report defects in roads and bridges , or ...
... MASTER AND SERVANT - FELLOW - SERVANTS . A telegraph operator is not a fellow - servant with a brakeman . 8. SAME - RAILROAD COMPANIES - RULES . Under rules requiring a telegraph operator " to report defects in roads and bridges , or ...
Halaman 20
... master or bridge gang , and because of their failure so to do the train upon which deceased was working ( with Davidson as conductor ) proceeded down the track , without notice or warning of the dangerous condition of the bridge , and ...
... master or bridge gang , and because of their failure so to do the train upon which deceased was working ( with Davidson as conductor ) proceeded down the track , without notice or warning of the dangerous condition of the bridge , and ...
Halaman 42
... master or other authorized agent . Under the general admiralty law , necessity , as respects supplies to a vessel , is a relative term , and is open to much latitude of construction . Ben . Adm . § 268 . In the case of The Plymouth Rock ...
... master or other authorized agent . Under the general admiralty law , necessity , as respects supplies to a vessel , is a relative term , and is open to much latitude of construction . Ben . Adm . § 268 . In the case of The Plymouth Rock ...
Halaman 44
... master refused . When the vessel arrived at the bar , it could have passed over , but the master was absent , and remained away for six days , during which time he was urged to depart promptly with the cargo . The vessel did not get ...
... master refused . When the vessel arrived at the bar , it could have passed over , but the master was absent , and remained away for six days , during which time he was urged to depart promptly with the cargo . The vessel did not get ...
Halaman 45
... master commenced loading he consumed fourteen days in loading the vessel , and the evidence shows that loading could have been accomplished in six days at the outside . During four of these days he again left the schooner , and all work ...
... master commenced loading he consumed fourteen days in loading the vessel , and the evidence shows that loading could have been accomplished in six days at the outside . During four of these days he again left the schooner , and all work ...
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action agent alleged amended amount appears authority bill bill of lading bond cargo cause certificate charge charter-party Circuit Court claim collision commerce complainant complainant's congress construction contract corporation court of equity creditors damages debt decree defendant defendant's demurrage demurrer device district court duty Elkhart entitled equity evidence fact Fidelity Bank filed Floride Calhoun Gevalia grant held indictment indorsement infringement injury invention issued judge judgment jurisdiction jury Justice land letters patent liable libelant lien machine master ment Moog mortgage motion National Bank navigation negligence opinion owner paid parties patent payment person petition plaintiff plea port proceedings proof purchase question railroad company received recover rule Santa Ana River schooner ship Southern Pacific Railroad statute steamer suit supreme court testimony thereof tion trust United vessel
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Halaman 57 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property...
Halaman 160 - ... that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed, as justice may require, and...
Halaman 290 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Halaman 57 - ... a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited...
Halaman 300 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Halaman 258 - The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.
Halaman 310 - But congress was not entirely silent, and provided, in section 5219 of the Revised Statutes of the United States, that nothing in its legislation respecting the national banks should be construed to "prevent all the shares in any association from being included in the valuation of the personal property of the owner or holder of such shares, in assessing taxes imposed by authority of the state within which the association is located...
Halaman 300 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Halaman 716 - ... may at any time permit either of the parties to amend any defect in the process or pleadings, upon such conditions as it shall, in its discretion and by its rules, prescribe.
Halaman 343 - For it is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.