The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Svazek 2Abraham Clark Freeman Bancroft-Whitney Company, 1888 |
Vyhledávání v knize
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Strana 36
... track where there is no provision for landing or receiving either goods or passengers , he is to be satisfied with such means and facilities as may casually be within his reach . The com- pany , considered as owners of the road or as ...
... track where there is no provision for landing or receiving either goods or passengers , he is to be satisfied with such means and facilities as may casually be within his reach . The com- pany , considered as owners of the road or as ...
Strana 37
... track , was broad and smooth on the top , and from it he fell , a distance of ten feet , to the road below . That he was greatly shocked by the fall , and deprived of the power of locomotion , is not denied ; but there is no evidence ...
... track , was broad and smooth on the top , and from it he fell , a distance of ten feet , to the road below . That he was greatly shocked by the fall , and deprived of the power of locomotion , is not denied ; but there is no evidence ...
Strana 83
... track . The accident occurred near Forrest , in Livingston County , on the fourteenth day of April , 1882. At the time of the accident , the railroad company had a wrecking - crew at Forrest , consisting of four or five men , including ...
... track . The accident occurred near Forrest , in Livingston County , on the fourteenth day of April , 1882. At the time of the accident , the railroad company had a wrecking - crew at Forrest , consisting of four or five men , including ...
Strana 145
... track passed over a highway and a canal , upon an elevated trestle - work several hundred feet in length ; that at a short distance west of the trestle - work there was a switch known as Salter's switch ; that on the night on which the ...
... track passed over a highway and a canal , upon an elevated trestle - work several hundred feet in length ; that at a short distance west of the trestle - work there was a switch known as Salter's switch ; that on the night on which the ...
Strana 150
... track cannot change the legal features of the case . If the conductor had refused to carry the deceased to a regular station , or had compelled him to leave the train , an essentially different question would have faced us ; but here ...
... track cannot change the legal features of the case . If the conductor had refused to carry the deceased to a regular station , or had compelled him to leave the train , an essentially different question would have faced us ; but here ...
Obsah
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Další vydání - Zobrazit všechny
The American State Reports: Containing the Cases of General Value ..., Svazek 43 Úplné zobrazení - 1895 |
Běžně se vyskytující výrazy a sousloví
action adverse possession affirmed agreement alleged appear appellant appellee apply assignment assignor attorney authority bailment Bank bill burglary cause charge cited claim common carriers common law complainant contract contributory negligence corporation court court of equity creditors custody damages debt debtor decree deed defendant defendant's demurrer duty enforce entered entitled equity error estoppel evidence execution facts favor fraud garnishee granted held homestead husband indorsed injury intent issued judgment jurisdiction jury laches land liable lien marriage matter ment mortgage negligence opinion owner parties passenger payment Pennsylvania person plaintiff plaintiff in error possession proceeding purchaser purpose question R. R. Co railroad company reason recover rule sheriff's deed statute statute of limitations sufficient suit supra sustained tenant testator thereof tion trial trust valid verdict void wife
Oblíbené pasáže
Strana 125 - And the said party of the second part, for himself, his heirs, executors, and administrators, doth covenant and agree to and with the said party of the first part...
Strana 670 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence ; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Strana 273 - Where a special finding of facts shall be inconsistent with the general verdict, the former shall control the latter, and the court shall give judgment accordingly.
Strana 165 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An 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.
Strana 379 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any part thereof...
Strana 128 - That principle is that where a corporation, like a railroad company, has granted to it by charter a franchise intended in a large measure to be exercised for the public good, the due performance of those functions being the consideration of the public grant, any contract which disables the corporation from performing those functions — which undertakes, without the consent of the state, to transfer to others the rights and powers conferred by the charter, and to relieve the grantees of the burden...
Strana 691 - Dec. 581, an applicant for insurance had described the property in a written application as " his house," and it was so described in the policy. The policy contained the condition: "If the interest in the property to be insured is not absolute, it must be so represented to the company, and expressed in the policy in writing; otherwise the insurance shall be void.
Strana 764 - The defendant may demur to the complaint when it shall appear upon the face thereof, either — 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; or, 2.
Strana 737 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time required by law ; and the occupation of such premises by any other person, shall be deemed to have been under and in subordination to the legal title, unless it appear that such premises have been held and possessed adversely to such legal title, for twenty years before the commencement of such action.
Strana 48 - ... the discretion which is executed here, is to be governed by the rules of law and equity, which are not to oppose, but each, in its turn, to be subservient to the other...