 | Albert Venn Dicey - 1870 - 582 sidor
...said in the case of Marshall v. York, / Newcastle, and Berwick Railway Company was quite correct, and that the right which a passenger by railway has '...passenger casts a duty on the company to carry him safely " (<f). The difference of opinion which exists amongst equally high authorities, is less than it might... | |
 | Francis Wharton - 1874 - 960 sidor
...the case of Marshall v. Neweastle & Berwick Railway Co. was quite correct. It was there laid down, that the right which a passenger by railway has to...casts a duty on the company to carry him safely." By Cockburn, CJ, Shee, J., and Lush, J., the case was rested on the ground of contract, without, however,... | |
 | Melville Madison Bigelow - 1875 - 808 sidor
...of Marshall r. York, &c., Ry. Co., supra, as correct, NEGLIGENCE. he said : " It was there laid down that the right which a passenger by railway has to...casts a duty on the company to carry him safely." Nor has the doctrine of Winterbottom v. Wright, when pressed upon the court, been fully accepted even... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1912 - 686 sidor
...transport." The rule is stated by the English court in Austin v. Great Western R. Co., LH 2 QB 442, that "the right which a passenger by railway has to...casts a duty on the company to carry him safely." It is unnecesary to further refer to the authorities or cases. We are of the opinion that, when a common... | |
 | Great Britain. High Court of Justice. Common Pleas Division - 1880 - 610 sidor
...case of Marshall v. York, Newcastle, and Berwick By. Co. (1) was quite correct. It was there laid down that the right which a passenger by railway has to...passenger casts a duty on the company to carry him safely ;" or it is that to which Lush and Shee, JJ., in the same case inclined, namely, a contract, although... | |
 | 1883 - 1914 sidor
...Allen, 18. As is tersely stated by BLACKBURN, J., in Austin v. Great Western Ry. Co. 15 Weekly Rep. 863, "the right which a passenger by railway has to be...does not depend on his having made a contract, but the fact of his being there creates a duty on the part of the company to carry him safely." The real... | |
 | 1898 - 2046 sidor
...for hire." In Waterbury v. Railroad Co., 17 Fed. G71, the doctrine is thus stated (syllabus): •. » "The right which a passenger by railway has to be...does not depend on his having made a contract, but the fact of his being there creates a duty on the part of the company to carry him safely. It suffices... | |
 | Nathaniel Cleveland Moak - 1882 - 936 sidor
...case of Marshall v. York, Newcastle and Berwick Ry. Co. (') was quite correct. It was there laid down that the right which a passenger by railway has to...casts a duty on the company to carry him safely." Lush, J., and Shee, J., put it upon contract. Lush, J.. saying, "I prefer to rest my judgment on the... | |
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I think that what was said in the case of Marshall v. The York, Newcastle and Berwick Railway Company (7) was quite correct. It was there laid down that the right which a passenger by railway has to be carried safely, does not depend on his having made... 
