A Treatise on the Federal Employers' Liability and Safety Appliance Acts

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W.H. Anderson Company, 1909 - 410 sidor
 

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Contributory negligence of deceased
51
Contributory negligence as a defense
54
Georgia statutes construed
60
Recovery by a railway employe
66
Failure to exercise ordinary care more than slight negligence
79
Plaintiffs negligence compared with defendants
86
Origin of admiralty rule
93
66a Negligence of plaintiff necessary to concur with defendants
99
CHAPTER V
105
Constitutionality of statute allowing recovery for beneficiaries
106
Deceased without right to recover 77 Failure of deceased to bring action 78 Instantaneous death
107
Beneficiaries on death of injured employe
108
No husband or widow surviving 81 Next of kin dependent upon employe
109
Who are dependent upon deceased
110
Bastard
111
Emancipated child 85 Adopted child 86 Posthumous child 87 Beneficiaries must survive deceasedComplaint
112
Statute of limitations
113
Complaint
116
Damage by way of solatium 91 Damages for suffering of deceased
118
Measure of damages
119
Interest 94 Damages not part of the estate 95 Judgment recovered by deceased 96 Costs
123
Death of beneficiary 98 Declarations of deceased 99 Distribution of amount recovered
124
99a Right of widow to sue under state statute
125
CHAPTER VI
126
Receipt of relief money
129
Contract for future release not binding on beneficiaries
130
CHAPTER VII
132
State courts can enforce liability under the federal statute
133
Removal of case to federal court
134
Pleading
136
Common carriers definedReceivers 109 Statute of limitations
137
109a Review on error
138
Statute not retroactive
139
PART II
141
CHAPTER VIII
143
Resolutions of American Railway Associations 112 Object of statuteConstruction
146
Constitutionality of statute
147
Interpretation of statute
148
CHAPTER IX
150
What is interstate commerce
151
Interterritorial commerceAct of 1903
153
Inhibition of statuteCar employed in interstate traffic
155
Intrastate trafficNarrow gauge railroad wholly within state
165
Intrastate railroad engaged in carrying interstate commerce articles
166
United States against Geddes denied
168
BurdenReasonable doubt
178
CHAPTER X
181
Empty carCar used in moving interstate commerce
183
Empty car used in interstate train 138a Hauling empty car to repair shop 139 Proviso to Section 6Fourwheeled and logging cars
185
Kind of coupler to be used
186
Without the necessity of men going between the ends of cars 142 Both ends of every car must be equipped with automatic couplers
188
Uncoupling
189
Erroneous instructions concerning heights of draw bars 145 Construction of Section 5
190
Insufficient operation of coupler 147 Improper operation of sufficient coupler 148 Preparation of coupler for coupling
191
B defect card 150 Receiving an improperly equipped foreign car 151 Question for jury
192
When a federal question is presented 153 State statute on same subject applicable to interstate com merce
193
HandholdsThrough train
194
REPAIRS
195
157a Distinction between an action to recover a penalty and
207
Destination of car nearer than repair shop
213
Failure to provide or repair defective handhold
219
CHAPTER XII
225
Contributory negligence of plaintiff
231
ACTION TO RECOVER PENALTY
237
APPENDIX
243
APPENDIX C
261
APPENDIX
269
SECTION PAGE
274
United States v Wabash Railroad Company
282
United States v Wheeling Lake Erie Railroad Co
293
United States v Atchison Topeka Santa Fe Railway Co
299
Belt Railway Company of Chicago Plaintiff in Error v United
306
The United States v Philadelphia Reading Railway Co
315
United States v Pennsylvania Railroad Company
321
The United States v Atchison Topeka Santa Fe R R Co
329
United States v Nevada County Narrow Gauge R R Co
337
United States v Southern Pacific Company 243
343
United States v Boston Maine Railroad Company
350
United States v Baltimore Ohio Railroad Company
357
United States v Southern Railway Company
367
The United States of America Plaintiff in Error v The Illinois
376
INDEX
391
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