American Law Reports Annotated, Svazek 57Lawyers Co-operative Publishing Company, 1928 |
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Strana 9
... plaintiff's own conduct ; and also to the distinction between contributory negligence in the sense of the failure to exercise ordi- nary care , and conduct approximating assumption of risk . ) The theory of contributory negli- gence has ...
... plaintiff's own conduct ; and also to the distinction between contributory negligence in the sense of the failure to exercise ordi- nary care , and conduct approximating assumption of risk . ) The theory of contributory negli- gence has ...
Strana 10
... plaintiff were due , in whole or in part , to his own acts or conduct , or defeat- ing the action if the plaintiff and de- fendants were joint wrongdoers , act- ing in concert , and not independently . The court said , in support of its ...
... plaintiff were due , in whole or in part , to his own acts or conduct , or defeat- ing the action if the plaintiff and de- fendants were joint wrongdoers , act- ing in concert , and not independently . The court said , in support of its ...
Strana 12
... plaintiff's mare , occasioned by her falling through a bridge con- structed by the defendant across a highway for the purpose of a raceway , the court said that any act of an in- dividual done to a highway , though performed on his own ...
... plaintiff's mare , occasioned by her falling through a bridge con- structed by the defendant across a highway for the purpose of a raceway , the court said that any act of an in- dividual done to a highway , though performed on his own ...
Strana 14
... plaintiff , it is apparent that the propo- sition with respect to the effect of his contributory negligence was obiter . In Baltimore v . Marriott ( 1856 ) 9 Md . 160 , 66 Am . Dec. 326 , an action against a municipality for injury to ...
... plaintiff , it is apparent that the propo- sition with respect to the effect of his contributory negligence was obiter . In Baltimore v . Marriott ( 1856 ) 9 Md . 160 , 66 Am . Dec. 326 , an action against a municipality for injury to ...
Strana 15
... plaintiff might be de- barred from recovery on the theory of assumption of risk , if he knew of the danger and voluntarily incurred the risk therefrom . In some cases that might at first seem to give some color to the view that ...
... plaintiff might be de- barred from recovery on the theory of assumption of risk , if he knew of the danger and voluntarily incurred the risk therefrom . In some cases that might at first seem to give some color to the view that ...
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Oblíbené pasáže
Strana 416 - Every person is entitled to a certain remedy in the laws, for all injuries, or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial,
Strana 431 - Cas. 696, that public policy requires that competent persons "shall have the utmost liberty of contracting, and that their contracts, when entered into fairly and voluntarily, shall be held sacred, and shall be enforced by courts of justice." The station grounds belong to the railroad company and it lawfully may put them
Strana 103 - yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Strana 289 - Every procedure which would offer a possible temptation to the average man as a judge to forget the burden of proof required to convict the defendant, or which might lead him not to hold the balance nice, clear and true between the state and the accused, denies the latter due process of law.
Strana 673 - (a) is for some lawful object within its corporate purposes, and compatible with the public interest, which is necessary or appropriate for or consistent with the proper performance by the carrier of service to the public as a
Strana 135 - has no real or substantial relation to those subjects, or is a palpable invasion of rights secured by the fundamental law. If 'it does not appear upon the face of the statute, or from any facts of which the court must take judicial cognizance, that it infringes rights secured by the fundamental law, the legislative determination is conclusive.
Strana 513 - Nay, more, in the city of Los Angeles itself its needy childhood goes unfed and unclothed, its dependent womanhood unprotected and uncared for by organized charities, except they have a 'permit.' Surely here, if anywhere, is "'The organized charity, scrimped and iced, In the name of a cautious, statistical Christ.'
Strana 13 - obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff." There are obiter expressions in some of the cases apparently recognizing or assuming that contributory negligence would be a defense, even against a nuisance which would come within the category of absolute nuisances
Strana 193 - Nor shall any control of or interference with the rights of conscience be permitted." "Rights of conscience" means what? By conscience we mean that internal conviction or self-knowledge that tells us that a thing is right or wrong. It is
Strana 74 - The courts of justice of the state shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation; and right and justice shall be administered without sale, denial, delay, or prejudice.