American Law Reports Annotated, Svazek 60Lawyers Co-operative Publishing Company, 1929 |
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Strana 103
... injury - pre- sumption . 6. The mere occurrence of physical injury involves no presumption of a legal injury with its consequent legal liability . [ See 1 R. C. L. 318 ; R. C. L. Perm . Supp . p . 82. ] Negligence , § 14 - proximate ...
... injury - pre- sumption . 6. The mere occurrence of physical injury involves no presumption of a legal injury with its consequent legal liability . [ See 1 R. C. L. 318 ; R. C. L. Perm . Supp . p . 82. ] Negligence , § 14 - proximate ...
Strana 105
... injury involves no jury - presump- presumption of legal injury with its consequent legal liability . This basic concep- tion of the law has also given rise to the rule of damnum absque in- juria under which the physical dam- age is ...
... injury involves no jury - presump- presumption of legal injury with its consequent legal liability . This basic concep- tion of the law has also given rise to the rule of damnum absque in- juria under which the physical dam- age is ...
Strana 107
... injury would have en- sued , but either the boys opened it or a gust of wind unexpectedly forced it open , and , while it was in that condition , the boy , pursuing his game fell against the protruding latch , and sustained his injury ...
... injury would have en- sued , but either the boys opened it or a gust of wind unexpectedly forced it open , and , while it was in that condition , the boy , pursuing his game fell against the protruding latch , and sustained his injury ...
Strana 108
... injury would not have occurred . And definitive of that rule we have declared that an intervening cause is one which de- -what is inter- stroys the causal vening cause . connection between defendant's negligent ( ? ) act and the injury ...
... injury would not have occurred . And definitive of that rule we have declared that an intervening cause is one which de- -what is inter- stroys the causal vening cause . connection between defendant's negligent ( ? ) act and the injury ...
Strana 148
... injury to a patient , caused by leaving a sponge in the wound after an operation , by the adoption of a rule requiring the at- tending nurse to count the sponges used and removed , and relying on such count as conclusive that all ...
... injury to a patient , caused by leaving a sponge in the wound after an operation , by the adoption of a rule requiring the at- tending nurse to count the sponges used and removed , and relying on such count as conclusive that all ...
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action agreement alleged amount annotation appellant appellee applied assessment Asso bank beneficiary bond certiorari common-law marriage Constitution contract contributory negligence corporation court of equity dance hall death debt decree defendant deposit duty effect equitable erty escrow evidence ex rel executor fact fee simple fund game of chance held holder husband inheritance tax injury insured interest interplead Iowa judgment jury liability lien Lumber ment Minn N. Y. Supp negligence operation opinion ordinance owner paid parties payment person plaintiff plaintiff in error possession premises provision purchase price question R. C. L. Supp Ray Lynch reason reassessment rule servant sole ownership statute street supra surety surgeon testator therein thereof tion transfer trust uncon unconditional and sole valid vendee vendor wife
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Strana 25 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Strana 596 - When it is payable to a person named therein or bearer; or 3. When it is payable to the order of a fictitious or nonexisting person, and such fact was known to the person making it so payable; or 4. When the name of the payee does not purport to be the name of any person; or 5.
Strana 241 - Where the transferee receives notice of any infirmity in the instrument or defect in the title of the person negotiating the same before he has paid the full amount agreed to be paid therefor, he will be deemed a holder in due course only to the extent of the amount theretofore paid by him.
Strana 637 - Where an instrument payable on demand is negotiated an unreasonable length of time after its issue, the holder is not deemed a holder in due course.
Strana 200 - In witness whereof the parties hereto have executed this Agreement, the day and year first above written.
Strana 31 - This entire policy, unless- otherwise provided by agreement indorsed hereon or added hereto, shall be void if the interest of the insured in the property be not truly stated herein, or if the interest of the insured be other than unconditional and sole ownership...
Strana 595 - The instrument is payable to bearer — 1. When it is expressed to be so payable; or 2. When it is payable to a person named therein or bearer; or 3. When it is payable to the order of a fictitious or nonexisting person, and such fact was known to the person making it so payable; or 4.
Strana 331 - A lottery is any scheme for the disposal or distribution of property by chance, among persons who have paid or promised to pay any valuable consideration for the chance .of obtaining such property or a portion of it, or for any share or any interest in such property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift-enterprise, or by whatever name the same may be known.
Strana 249 - In our opinion, res ipsa loquitur means that the facts of the occurrence warrant the inference of negligence, not that they compel such an inference; that they furnish circumstantial evidence of negligence where direct evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be accepted as sufficient; that they call for explanation or rebuttal, not necessarily that they require it; that they make a case to be decided by the jury, not that they forestall the verdict.
Strana 647 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion from them, that the question of negligence is ever considered as one of law for the court.