Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Svazek 15
David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey
Mercantile Print. Company, 1898
Dal¹í vydání - Zobrazit v¹echny
accident action affidavit alleged appear April Term Argument for Defendant assumpsit attachment Attorney believe Board of Health Castle County cause certiorari charging the jury chattels City of Wilmington claimed common law Constitution contended contract contributory negligence counsel Court of Chancery creditors crime CULLEN damages danger decision Delaware duty election entitled to recover evidence execution fact filed fraud fraudulent garnishee guilty Harring Houst indictment injury intent issue Jerry Sullivan John Appleton judgment jurisdiction Justice Kent County levied liable lien LORE mandamus matter ment murder negligence notice nuisance Opinion party payment person plaintiff in error premises prisoner proceedings proof proved question reason record Register Register's Court Registrar rendered replevin rule scire facias servant sewer statement statute street Superior Court Sussex County Syllabus.-Statement testator testimony thereof tion Topkis trial trustee verdict witness writ
Strana 486 - For it is not sufficient to establish a probability, though a strong one, arising from the doctrine of chances, that the fact charged is more likely to be true than the contrary ; but the evidence must establish the truth of the fact to a reasonable and moral certainty ; a certainty that convinces and directs the understanding, and satisfies the reason and judgment, of those who are bound to act conscientiously upon it.
Strana 486 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt.
Strana 13 - A common nuisance is an unlawful act or omission to discharge a legal duty, which act or omission endangers the lives, safety, health, property or comfort of the public, or by which the public are obstructed in the exercise or enjoyment of any right common to all His Majesty's subjects.
Strana 553 - Jones, for the defendant, asked the Court to instruct the jury to bring in a verdict of not guilty, upon two grounds : 1.
Strana 485 - B., told the jury that before they could find the prisoner guilty, they must be satisfied, " not only that those circumstances were consistent with his having committed the act, but they must also be satisfied that the facts were such as to be inconsistent with any other rational conclusion than that the prisoner was the guilty person...
Strana 312 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal presumption, the compensation is adjusted accordingly.
Strana 559 - ... that if he fails to do so he does it at his peril. Whether an enactment is to be construed in this sense or with the qualification ordinarily imported into the construction of criminal statutes, that there must be a guilty mind, must, I think, depend upon the subject-matter of the enactment, and the various circumstances that may make the one construction or the other reasonable or unreasonable.
Strana 207 - It Is now perfectly well settled that the plaintiff may recover damages for an inJury caused by the defendant's negligence, notwithstanding the plaintiff's own negligence exposed him to the risk of injury, if such injury was more Immediately caused by the defendant's omission, after becoming aware of the plaintiff's danger, to use ordinary care for the purpose of avoiding injury to him.
Strana 77 - In other words, as the cases universally hold, a statute specifying a time within which a public officer is to perform an official act regarding the rights and duties of others is directory, unless the nature of the act to be performed, or the phraseology of the statute, is such that the designation of time must be considered as a limitation of the power of the officer.