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" 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 a contract, but that the fact of his being a passenger casts a duty on the company to carry him safely... "
A Treatise on the Law of Railroads - Page 1053
by Horace Gay Wood - 1885 - 1953 pages
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The Law Reports: Court of Queen's Bench, Volume 2

William Mills (barrister-at-law.), Henry Holroyd, E. A. C. Schalch, Arthur Wilson, Great Britain. Court of Queen's Bench - 1867 - 734 pages
...818. (6) 1 Moo. PG (NS) 101. (2) 8 Ex. 30 ; 21 LJ (Ex.) 286. (7) 9 Ex. 302 ; 23 LJ (Ex.) 108. 18C7 be carried safely, does not depend on his having made a contract, AUSTIN but that the fact of his being a passenger casts a duty on the comGREAT pany to carry him safely....
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A Treatise on the Rules for the Selection of the Parties to an Action

Albert Venn Dicey - 1870 - 582 pages
...Newcastle, and Berwick Railway Company was quite correct, and that the right which a passenger by railway has ' to be carried safely, does not depend on his having made a contract, but that the fact of his being a passenger casts a duty on the company to carry him safely " (<f). The...
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A Treatise on the Law of Negligence

Francis Wharton - 1874 - 960 pages
...Railway Co. 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 a contract, but that the fact of his being a passenger casts a duty on the company to carry him safely." By Cockburn,...
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Leading Cases on the Law of Torts Determined by the Courts of America and ...

Melville Madison Bigelow - 1875 - 808 pages
...correct, NEGLIGENCE. he said : " 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 a contract, but that the fact of his being a passenger casts a duty on the company to carry him safely." Nor has the...
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Railway Passengers and Railway Companies: Their Duties, Rights and Liabilities

Louis Arthur Goodeve - 1876 - 180 pages
...judges that it is independent of any contract between the passenger and the company ; the law implying a duty on the part of the company to carry him safely (/). Accordingly (in 1854) a reporter of Hell's Life newspaper carried gratuitously by the Great Northern...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 37

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 pages
...court in Austin v. Great Western R. Co., LH 2 QB 442, that "the right which a passenger by railway has to be carried safely does not depend on his having made a contract, but that the fact of his being a passenger casts a duty on the company to carry him safely." It is unnecesary...
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A Treatise on the Rules for the Selection of the Parties to an Action,.

Albert Venn Dicey, John Henry Truman - 1879 - 586 pages
...passenger, (e] In this case it is laid down by BLACKBURN, J., that " the right which a passenger by railway has to be carried safely does not depend on his having made a contract, but that the fact of his being a passenger casts a duty on the company to carry him safely." (/) A., the...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 87-88

1898 - 2046 pages
...17 Fed. G71, the doctrine is thus stated (syllabus): •. » "The right which a passenger by railway has to be carried safely does not depend on his having...company voluntarily, although gratuitously, and as a matter of favor to him." The principles recognized in the cases we have cited, and in numerous other...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 17-18

1883 - 1914 pages
...overthrown. 3. SAME— DUTY TO CARRY BARELY — QHATUITIOUS CARRIAGE. The right which a passenger by railway has to be carried safely, does not depend on his having...contract, but the fact of his being there creates a duly on the part of the company to carry him safely. It suffices to enable him to maintain an action...
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The Law Reports: Common Pleas Division, Reported by ... and in the ..., Volume 5

Great Britain. High Court of Justice. Common Pleas Division - 1880 - 610 pages
...Berwick By. Co. (1) 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 a contract, but that the fact of his being a passenger casts a duty on the company to carry him safely ;" or it is...
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