American Law Reports Annotated, Svazek 41Lawyers Co-operative Publishing Company, 1926 |
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Strana 78
... contributory negligence is not a defense to an action to recover for an intentional injury has been recognized in one of the cases already referred to.16 $ 27 . Fraud as a ground for imputing liability in respect of injury to prop- erty ...
... contributory negligence is not a defense to an action to recover for an intentional injury has been recognized in one of the cases already referred to.16 $ 27 . Fraud as a ground for imputing liability in respect of injury to prop- erty ...
Strana 369
... negligence of pedestrian in failing to observe that safety zone is crossed by over- hang of car . 7. A pedestrian ... contributory negligence . - 10. The jury must determine whether or not the circumstances are such as would put a ...
... negligence of pedestrian in failing to observe that safety zone is crossed by over- hang of car . 7. A pedestrian ... contributory negligence . - 10. The jury must determine whether or not the circumstances are such as would put a ...
Strana 370
... contributory negligence as a matter of law for a foot passenger rightfully in the street to place him- self within reach of the overhanging end of a street car that he knows is about to go around a curve . --- - Schwartz v . New Orleans ...
... contributory negligence as a matter of law for a foot passenger rightfully in the street to place him- self within reach of the overhanging end of a street car that he knows is about to go around a curve . --- - Schwartz v . New Orleans ...
Strana 373
... negligent , or that appellee was guilty of contributory negligence , without invading the province of the jury . " It may be conceded that a motor- man of a street car is not obliged to stop his car when he sees a person walking along ...
... negligent , or that appellee was guilty of contributory negligence , without invading the province of the jury . " It may be conceded that a motor- man of a street car is not obliged to stop his car when he sees a person walking along ...
Strana 374
... negligence of failing to ob- car . Is the plaintiff chargeable with contributory negligence as a matter of law ? We think not . Conceding that pedestrian in a pedestrian must serve that safe- be presumed to take ty zone is crossed by ...
... negligence of failing to ob- car . Is the plaintiff chargeable with contributory negligence as a matter of law ? We think not . Conceding that pedestrian in a pedestrian must serve that safe- be presumed to take ty zone is crossed by ...
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Strana 341 - Claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Strana 311 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Strana 45 - If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of the consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully.
Strana 428 - The testimony of a witness in this State may be taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceeding after a question of fact has arisen therein, in the following cases: 1.
Strana 499 - No rule in the interpretation of a policy is more fully established, or more imperative and controlling, than that which declares that in all cases it must be liberally construed in favor of the insured, so as not to defeat, without a plain necessity, his claim to the indemnity which, in making the insurance, it was his object to secure.
Strana 168 - From this method of interpreting laws by the reason of them, arises what we call equity, which is thus defined by Grotius : "the correction of that wherein the law (by reason of its universality) is deficient.
Strana 413 - If it was sufficient of itself, it was a question of law for the court and not of fact for the jury.
Strana 505 - To indemnify the assured against loss from the liability imposed by law upon the assured for damages...
Strana 37 - Whether a given thing is dangerous may be sometimes a question for the court and sometimes a question for the jury. There must also be knowledge that in the usual course of events the danger will be shared by others than the buyer. Such knowledge may often be inferred from the nature of the transaction. But it is possible that even knowledge of the danger and of the use will not always be enough. The proximity or remoteness of the relation is a factor to be considered.
Strana 590 - The intention of the party making the annexation to make the article a permanent accession to the freehold; this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, and the policy of the law in relation thereto, the structure and mode of annexation, and the purpose or use for which the annexation has been made.