American Law Reports Annotated, Svazek 41Lawyers Co-operative Publishing Company, 1926 |
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Strana 7
... performance of the duty to restore the street to the condition it was in before the excavation , as where he fails to an- ticipate and provide for the natural effect of rains upon the earth ex- cavated and replaced . In that case the ...
... performance of the duty to restore the street to the condition it was in before the excavation , as where he fails to an- ticipate and provide for the natural effect of rains upon the earth ex- cavated and replaced . In that case the ...
Strana 10
... performance of the contract is de- layed or prevented does not constitute a good cause of action as against the tort - feasor , see Cattle v . Stockton Wa- ter Works Co. ( 1875 ) L. R. 10 Q. B. ( Eng . ) 453 , 44 L. J. Q. B. N. S. 139 ...
... performance of the contract is de- layed or prevented does not constitute a good cause of action as against the tort - feasor , see Cattle v . Stockton Wa- ter Works Co. ( 1875 ) L. R. 10 Q. B. ( Eng . ) 453 , 44 L. J. Q. B. N. S. 139 ...
Strana 11
... performance of his contract duties . " " " 8 " It is well settled that , except un- der peculiar circumstances which do not exist in this case , the independent contractor is not liable for an injury to person or to property of one not ...
... performance of his contract duties . " " " 8 " It is well settled that , except un- der peculiar circumstances which do not exist in this case , the independent contractor is not liable for an injury to person or to property of one not ...
Strana 14
... may be benefited by the performance of the contract ; he can only maintain the action when the contract is made for him . " consideration , and every other ele- ment essential to constitute 14 [ 41 A.L.R. AMERICAN LAW REPORTS , ANNOTATED .
... may be benefited by the performance of the contract ; he can only maintain the action when the contract is made for him . " consideration , and every other ele- ment essential to constitute 14 [ 41 A.L.R. AMERICAN LAW REPORTS , ANNOTATED .
Strana 27
... performance of his contract . Plaintiff's position on the subject of nuisance is untenable . " 2 In Blacker v . Lake & Elliot ( 1912 ) 106 L. T. N. S. ( Eng . ) 533 - Div . Ct . , the following remarks were made by Lush , J. , in the ...
... performance of his contract . Plaintiff's position on the subject of nuisance is untenable . " 2 In Blacker v . Lake & Elliot ( 1912 ) 106 L. T. N. S. ( Eng . ) 533 - Div . Ct . , the following remarks were made by Lush , J. , in the ...
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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
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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.