American Law Reports Annotated, Svazek 41Lawyers Co-operative Publishing Company, 1926 |
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Strana 11
... negligence in the construction or sale of the articles which he makes or vends is limited to the persons to whom he is liable un- der his construction or sale . The lim- its of the liability for negligence and for breaches of contract ...
... negligence in the construction or sale of the articles which he makes or vends is limited to the persons to whom he is liable un- der his construction or sale . The lim- its of the liability for negligence and for breaches of contract ...
Strana 16
... negligence " in respect of the per- formance of a contract . With regard to this point it may be readily con- ceded that " misfortune " is not a " nec- essary " consequence of the negligence predicated . But the proposition that injury ...
... negligence " in respect of the per- formance of a contract . With regard to this point it may be readily con- ceded that " misfortune " is not a " nec- essary " consequence of the negligence predicated . But the proposition that injury ...
Strana 17
... negligence after assuming control of the subject - matter of the contract , and as regards cases in which no such ... negligence of the proprietor that is the proximate cause , and not the original negligence of the con- 41 A.L.R. - 2 ...
... negligence after assuming control of the subject - matter of the contract , and as regards cases in which no such ... negligence of the proprietor that is the proximate cause , and not the original negligence of the con- 41 A.L.R. - 2 ...
Strana 25
... negligence in the execution of his con- tract , there must be a duty or liability , independent of the contract , due from the contractor to the person in- jured . " 3 " There is a class of cases in which a person performing service or ...
... negligence in the execution of his con- tract , there must be a duty or liability , independent of the contract , due from the contractor to the person in- jured . " 3 " There is a class of cases in which a person performing service or ...
Strana 33
... negligence ; and such negligence is not an act im- minently dangerous to human life . So , for the same reason , if a horse be defectively shod by a smith , and a person hiring the horse from the owner is thrown and injured in con ...
... negligence ; and such negligence is not an act im- minently dangerous to human life . So , for the same reason , if a horse be defectively shod by a smith , and a person hiring the horse from the owner is thrown and injured in con ...
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abutting action affirmed agreement alleged amount annotation appears Asso authority bank bankruptcy breach cause charge Charles Ponzi chattel claim condition construction contract contractor contributory negligence court court of equity creditors crossing damages dangerous debtor decision defective defendant defendant's discharge duty equity evidence fact false fendant filed forgery fraud gage gagor grantee ground held injury insolvent insured Iowa judgment jury land liability lien ment Minn mort mortgage mortgage debt mortgagor N. Y. Supp negligence negligence per se nonclaim statute opinion owner party payment person plaintiff plaintiff in error Ponzi premises provision purchaser purpose question R. C. L. Supp railroad reason recover rule sidewalk sion street Stuart Wood suit supersedeas bond supra surety thereof tiff tion tract trust Wash witness
Oblíbené pasáže
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.