American Negligence Reports, Current Series; All the Current Negligence Cases Decided in the Federal Courts of the United States, the Courts of Last Resort of All the States and Territories, and Selections from the Intermediate Volume 16

American Negligence Reports, Current Series; All the Current Negligence Cases Decided in the Federal Courts of the United States, the Courts of Last Resort of All the States and Territories, and Selections from the Intermediate Volume 16

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...adopting, to this extent, the principle on which it has been attempted to support the present actions. Our statute is confined to the death of passengers carried by certain enumerated modes of conveyance. A limited peflalt)' 15 imposed as a punishment of carelessness in common carriers. And B5 this penalty is to be recovered by indictment, it is doubtless to be greater or smaller, within the prescribed maximum and minimum, according to the degree of blame which attaches to the defendants, and not according to the loss sustained by the widow and heirs of the deceased. The penalty, when thus recovered, is conferred 011 the widow and heirs, not as damages for their loss, but as a gratuity from the Commonwealth." Indeed, the statute as to carriers (Sh I840' p. 224, c. 80) referred to in Carey 11. Berkshire Railroad, W35 "t the first act of the kind. The first act of this kind was a highway act passed a little over fifty years before the Carrier Act of I840, 0-224, c. 80. That act provided that " if the life of any person shall be lost through the deficiency of the way, causeway, or bridge, r for want of rails on any bridge, the county, town, or persons, who are by law obliged to repair and amend the same, shall be liable t0 be amcrced in one hundred pounds, to be paid to the executor or administrator of the deceased, for the use of the heirs, devisees, or creditors, upon a conviction before the Court of General Sessions of the Peace, or Supreme Judicial Court, on a presentment or indictment of the grand jury." St. 1786, p. 250, c. 81, 7, now Rev. Laws, c. 51, I7. The system of imposing a punishment for wrongfully causing death, in place of giving to the family of the deceased an action for...show more

Product details

  • Paperback | 322 pages
  • 189 x 246 x 17mm | 576g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236915097
  • 9781236915092