American Law Reports Annotated, Svazek 57Lawyers Co-operative Publishing Company, 1928 |
Vyhledávání v knize
Výsledky 1-5 z 100
Strana 1
... Trial Term for Niagara County ( Horton , J. ) in plaintiff's favor , in an action brought to recover damages for personal injuries alleged to have been sustained in a fall on a defective and improperly constructed sidewalk . Reversed ...
... Trial Term for Niagara County ( Horton , J. ) in plaintiff's favor , in an action brought to recover damages for personal injuries alleged to have been sustained in a fall on a defective and improperly constructed sidewalk . Reversed ...
Strana 6
... trial , instructed the jury that if a person could have seen and avoided the obstruction , and if they were satisfied that the plaintiff was riding along the street extremely hard and without ordinary care , they should find for the ...
... trial , instructed the jury that if a person could have seen and avoided the obstruction , and if they were satisfied that the plaintiff was riding along the street extremely hard and without ordinary care , they should find for the ...
Strana 7
... Trial Term should be reversed , and a new trial granted with costs to abide the event . Pound , Crane , Andrews , Lehman , Kellogg , and O'Brien , JJ . , concur . The decision on the facts in the re- ported case ( MCFARLANE V. NIAGARA ...
... Trial Term should be reversed , and a new trial granted with costs to abide the event . Pound , Crane , Andrews , Lehman , Kellogg , and O'Brien , JJ . , concur . The decision on the facts in the re- ported case ( MCFARLANE V. NIAGARA ...
Strana 21
... trial court in con- -time of filing . Sidering such plead- ings as to time under § 285 , Okla . Comp . Stat . 1921 ( Long v . Harris , 37 Okla . 472 , 132 Pac . 473 ) , and as to the form of the pleading required by statute ( Long v ...
... trial court in con- -time of filing . Sidering such plead- ings as to time under § 285 , Okla . Comp . Stat . 1921 ( Long v . Harris , 37 Okla . 472 , 132 Pac . 473 ) , and as to the form of the pleading required by statute ( Long v ...
Strana 22
... trial judge accommo- dated counsel . We see no waiver of rights , and find that the cases cited are not applicable to the facts here . The plaintiff filed no motion for new trial and did not appeal . The judgment is therefore conclusive ...
... trial judge accommo- dated counsel . We see no waiver of rights , and find that the cases cited are not applicable to the facts here . The plaintiff filed no motion for new trial and did not appeal . The judgment is therefore conclusive ...
Další vydání - Zobrazit všechny
Běžně se vyskytující výrazy a sousloví
action affirmed agent alleged annotation appellant appellee applied authority Bank bonds building line cause charge claim Commission common law complaint Constitution contract contributory negligence corporation court of equity covenant Crim damages death decision deed defendant demurrer domicil duty dwelling house easement effect evidence ex rel execution executor fact fendant Fort Smith ground habeas corpus highway injunction injury interest judge judgment jurisdiction jury land liability ment mortgage mortgagor N. J. Eq N. Y. Supp negligence nuisance Okla opinion owner parties person plaintiff plat provision purchaser purpose question R. C. L. Supp railroad company reason record recover replevin restriction rule sion statute street suit supra Teleg testator timber tion trial court trust ultra vires valid vendee vendor verdict violation W. R. Co
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.