American Law Reports Annotated, Svazek 41Lawyers Co-operative Publishing Company, 1926 |
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Strana 29
... intended to be accepted and relied on by all who finally should purchase the article for their own consumption . " In Lewis v . Terry ( 1896 ) 111 Cal . 39. 31 L.R.A. 220 , 52 Am . St. Rep . 146 , 43 Pac . 398 , a complaint alleging ...
... intended to be accepted and relied on by all who finally should purchase the article for their own consumption . " In Lewis v . Terry ( 1896 ) 111 Cal . 39. 31 L.R.A. 220 , 52 Am . St. Rep . 146 , 43 Pac . 398 , a complaint alleging ...
Strana 37
... intended to accomplish that purpose . " In view of the more recent deci- sions , the following passage of the opinion in Loop v . Litchfield ( 1870 ) 42 N. Y. 351 , 1 Am . Rep . 543 , cannot , it is apprehended , be regarded as a ...
... intended to accomplish that purpose . " In view of the more recent deci- sions , the following passage of the opinion in Loop v . Litchfield ( 1870 ) 42 N. Y. 351 , 1 Am . Rep . 543 , cannot , it is apprehended , be regarded as a ...
Strana 39
... intended to be used , is liable to any person who suffers an injury therefrom , which injury might have been reasonably anticipated . " 8 The suggestion that this extension of the doctrine enlarges the liability of a manufacturer beyond ...
... intended to be used , is liable to any person who suffers an injury therefrom , which injury might have been reasonably anticipated . " 8 The suggestion that this extension of the doctrine enlarges the liability of a manufacturer beyond ...
Strana 41
... intended for use . The liability arises out of the public duty to pro- tect everyone to whom the thing shall lawfully come for its intended use , against the certain disaster which must result if proper care is not used . " 5 " This [ i ...
... intended for use . The liability arises out of the public duty to pro- tect everyone to whom the thing shall lawfully come for its intended use , against the certain disaster which must result if proper care is not used . " 5 " This [ i ...
Strana 43
... intended , and if the manufacturer knows of such defects at the time of sale , the duty rests on him to notify the purchaser of such defects . For a manufactured prod- 176 , it was observed that " the natural , necessary , and probable ...
... intended , and if the manufacturer knows of such defects at the time of sale , the duty rests on him to notify the purchaser of such defects . For a manufactured prod- 176 , it was observed that " the natural , necessary , and probable ...
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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.