American Law Reports Annotated, Svazek 41Lawyers Co-operative Publishing Company, 1926 |
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Strana 15
... original defect , breaks down , and the friend is injured ; can he recover his damage against the maker ? A carpenter is hired to build a barn and furnish the materials . He carelessly places a timber slightly de- fective under the mow ...
... original defect , breaks down , and the friend is injured ; can he recover his damage against the maker ? A carpenter is hired to build a barn and furnish the materials . He carelessly places a timber slightly de- fective under the mow ...
Strana 19
... original sale . " In Davidson v . Nichols ( 1866 ) 11 Allen ( Mass . ) 514 , the court argued thus : " If the rule were otherwise and no privity of contract were re- quired to sustain an action for a breach , there would be no limit to ...
... original sale . " In Davidson v . Nichols ( 1866 ) 11 Allen ( Mass . ) 514 , the court argued thus : " If the rule were otherwise and no privity of contract were re- quired to sustain an action for a breach , there would be no limit to ...
Strana 22
... original wrongdoer ceases to be liable , afford the clues for the unraveling the cases . " The learned judge con- tinued thus : " Now suppose , stopping there , one applies that rule to this case . The persons who ought , when a further ...
... original wrongdoer ceases to be liable , afford the clues for the unraveling the cases . " The learned judge con- tinued thus : " Now suppose , stopping there , one applies that rule to this case . The persons who ought , when a further ...
Strana 43
... original act of de- livering the article was wrongful , and that everyone is responsible for the natural consequences of his wrongful acts . " 1 Blacker v . Lake & Elliot ( 1912 ) 106 L. T. N. S. ( Eng . ) 533 - Div . Ct . 2 Wellington ...
... original act of de- livering the article was wrongful , and that everyone is responsible for the natural consequences of his wrongful acts . " 1 Blacker v . Lake & Elliot ( 1912 ) 106 L. T. N. S. ( Eng . ) 533 - Div . Ct . 2 Wellington ...
Strana 103
... original wrongdoer is released when another takes up and continues the wrong . The statement of the argument carries its own ref- utation , and it is disposed of by the Supreme Court in Waters - Pierce Oil Co. v . Deselms ( 1909 ) 212 ...
... original wrongdoer is released when another takes up and continues the wrong . The statement of the argument carries its own ref- utation , and it is disposed of by the Supreme Court in Waters - Pierce Oil Co. v . Deselms ( 1909 ) 212 ...
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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.