The Mining Reports: A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References, Svazek 10Callaghan, 1886 |
Obsah
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action agreement alleged amount appellant appellees assignment bank bill cause charge chattel coal colliery compensation complainant Comstock lode contract conveyance conveyed cost County court of equity decree deducting deed defendant defendant's delivered ditch dollars duty employed entitled to recover equity estoppel evidence expense fact feet fellow servants fendant follows fraud ground held injury instruction interest iron Jacobs and Weill judgment jury Kinney land Laubach lease lessee liable lode LORD DENMAN McLean County measure of damages ment minerals mining boss mistake mortgage negligence opinion owner paid parties person pit's mouth plaint plaintiff in error possession premises principle proper purchase quartz question Railroad replevin rule shaft shares sold statute Storey County suit Supreme Court sustained taken tenant term testimony thereof tion tract trespass trial trover trustees vendee verdict witness
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Strana 128 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself...
Strana 312 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
Strana 312 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance ; but, in that case, he keeps the contract alive for the benefit of the other party as well as his own...
Strana 355 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Strana 53 - ... neglect or failure aforesaid, a right of action shall accrue to the widow and lineal heirs of the person whose life shall be lost for like recovery of damages for the injury they shall have sustained.
Strana 384 - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Strana 364 - Mining Claims' proof shall be admitted of the customs, usages, or regulations established and in force at the bar, or diggings, embracing such claim ; and such customs, usages, or regulations, when not in conflict with the Constitution and Laws of this State, shall govern the decision of the action.
Strana 23 - An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business...
Strana 25 - ... may appear best calculated to prevent dangerous accidents, and to provide for the safety and proper discipline of the persons employed in or about the mine...
Strana 463 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof.