American Law Reports Annotated, Svazek 57Lawyers Co-operative Publishing Company, 1928 |
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Strana 10
... tion . The negligence , if any , may usually be proved , not as being itself essential to the right of recovery , but for the purpose of fixing the respon- sibility for the existence of the condi- tion which constitutes the cause of ...
... tion . The negligence , if any , may usually be proved , not as being itself essential to the right of recovery , but for the purpose of fixing the respon- sibility for the existence of the condi- tion which constitutes the cause of ...
Strana 52
... tion ex contractu , the failure to com- ply with a stipulation requiring the repetition of messages would be such nonperformance of an essential condi- tion as should exonerate the telegraph company . Western U. Teleg . Co. v . Neill ...
... tion ex contractu , the failure to com- ply with a stipulation requiring the repetition of messages would be such nonperformance of an essential condi- tion as should exonerate the telegraph company . Western U. Teleg . Co. v . Neill ...
Strana 57
... tion , poverty , indebtedness , etc. , of plaintiff , was not admissible . Graeber v . Derwin , 43 Cal . 495 ; Ved- der v . Delaney , 122 Iowa , 583 , 98 N. W. 373 ; Malone v . Hawley , 46 Cal . 409 , 13 Am . Neg . Cas . 426 ; Shea v ...
... tion , poverty , indebtedness , etc. , of plaintiff , was not admissible . Graeber v . Derwin , 43 Cal . 495 ; Ved- der v . Delaney , 122 Iowa , 583 , 98 N. W. 373 ; Malone v . Hawley , 46 Cal . 409 , 13 Am . Neg . Cas . 426 ; Shea v ...
Strana 75
... tion to render the particular judg- ment ? Is lack of jurisdiction ap- parent on the face of the proceed- ings ? In answering this we are not without doubt . In Wilson v . Miller , 143 Ala . 264 , 111 Am . St. Rep . 42 , 39 So. 178 , 5 ...
... tion to render the particular judg- ment ? Is lack of jurisdiction ap- parent on the face of the proceed- ings ? In answering this we are not without doubt . In Wilson v . Miller , 143 Ala . 264 , 111 Am . St. Rep . 42 , 39 So. 178 , 5 ...
Strana 81
... tion being residents and citizens of Baltimore , where the transactions in the case occurred , and where the evi- dence was readily obtainable , courts being there established with jurisdic- tion competent to determine the rights of the ...
... tion being residents and citizens of Baltimore , where the transactions in the case occurred , and where the evi- dence was readily obtainable , courts being there established with jurisdic- tion competent to determine the rights of the ...
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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.