Railroad - Law Dictionary Search Results
Home Dictionary Name: railroadGranger railroads
Certain railroads whose traffic largely consists in carrying the produce of farmers or grangers specifically applied to the Chicago amp Alton Chicago Burlington amp Quincey Chicago Rock Island amp Pacific Chicago Milwaukee amp St Paul and Chicago amp Northwestern railroads...
Railroading
The construction of a railroad the business of managing or operating a railroad...
Erie doctrine
Erie doctrine [from the Supreme Court case Erie Railroad Co. v. Tompkins, which resulted in definition of the doctrine] : a doctrine that a federal court exercising diversity jurisdiction over a case for which no federal law is relevant must apply the law of the state in which it is sitting called also Erie Rule see also Erie Railroad Co. v. Tompkins in the Important Cases section ...
nuisance
nuisance [Anglo-French nusaunce, from Old French nuire to harm, from Latin nocēre] : something (as an act, object, or practice) that invades or interferes with another's rights or interests (as the use or enjoyment of property) by being offensive, annoying, dangerous, obstructive, or unhealthful at·trac·tive nuisance 1 : a thing or condition on one's property that poses a risk to children who may be attracted to it without realizing the risk by virtue of their youth 2 : a doctrine or theory employed in most jurisdictions: a possessor of property may be liable for injury caused to a trespassing or invited child by a condition on the property if he or she failed to use ordinary care in preventing such injury (as by fencing in a pool) and had reason to foresee entry by the child and if the utility of the condition was minor compared to the likelihood of injury [declined to extend the doctrine of attractive nuisance…to moving trains "Honeycutt v. City of Wichita,...
cause
cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact in this entry cause in fact : a cause without which the result would not have occurred called also actual cause but-for cause concurrent cause : a cause that joins simultaneously with another cause to produce a result called also concurring cause compare intervening cause and superseding cause in this entry di·rect cause : proximate cause in this entry ef·fi·cient in·ter·ven·ing cause : superseding cause in this entry intervening cause 1 : an independent cause that follows another cause in time in producing the result but does not interrupt the chain of causation if foreseeable called also supervening cause compare concurrent cause and superseding cause in this entry 2 : super...
corporation
corporation [Late Latin corporatio, from Latin corporare to form into a body, from corpor- corpus body] : an invisible, intangible, artificial creation of the law existing as a voluntary chartered association of individuals that has most of the rights and duties of natural persons but with perpetual existence and limited liability see also pierce compare association, partnership, sole proprietorship close corporation [klōs-] : a corporation whose shares are held by a small number of individuals (as management) and not publicly traded ;specif : small business corporation in this entry called also closely held corporation compare public corporation in this entry foreign corporation : a corporation organized under the laws of a state or government other than that in which it is doing business government corporation : public corporation in this entry moneyed corporation : a corporation (as a bank) authorized to engage in the investment, exchange, or lending of moneyed capit...
federal common law
federal common law : case law developed in the federal courts see also Erie Railroad Co. v. Tompkins in the Important Cases section NOTE: Federal common law is applied primarily in admiralty and maritime cases, disputes between states, matters of international relations, and in cases regarding the proprietary interests of the U.S. Federal common law is used when federal statutory law does not completely address an issue or problem. ...
foreseeability
foreseeability 1 : the quality or state of being foreseeable [reasonable of probable consequences "Gerwin v. Southeastern Cal. Ass'n of Seventh Day Adventists, 14 Cal. App. 3d 209 (1971)"] 2 : the doctrine esp. of tort and contract law that liability is limited to losses that are foreseeable see also Palsgraf v. Long Island Railroad Co. in the Important Cases section ...
Noerr-Pennington doctrine
Noerr-Pennington doctrine [after Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 (1961), and United Mine Workers v. Pennington, 381 U.S. 657 (1965), U.S. Supreme Court cases that established the doctrine] : a doctrine based on the First Amendment right of petition that exempts from antitrust liability the joint efforts of businesses to petition or influence government bodies provided that such activities are not sham ...
patent
patent [Anglo-French, from Latin patent- patens, from present participle of patēre to be open] 1 a : open to public inspection see also letters patent at letter b : secured or protected by a patent [a nonexclusive license to produce and sell the product] [sought to enforce her rights against infringement] 2 : of, relating to, or concerned with the granting of patents esp. for inventions [a lawyer] [involved in litigation] 3 : readily seen, discovered, or understood [a defect] [if no bad faith or abuse is ] compare latent pat·ent·ly adv [pat-nt] n 1 : an official document conferring a right or privilege : letters patent at letter 2 a : the right to exclude others from making, using, or selling an invention or products made by an invented process that is granted to an inventor and his or her heirs or assigns for a term of years see also intellectual property at property compare copyright, trademark NOTE: A patent may be granted for a process, act, or method t...
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