Harvard Law Review, Svazek 2Harvard Law Review Pub. Association, 1889 |
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Strana 244 - that where one devotes his property to a use in which the public have an interest, he in effect grants to the public an interest in that use, and must submit to be controlled by
Strana 245 - common good, to the extent of the interest he has thus created." People v. King, 18 NE Rep. 245 (NY). CONSTITUTIONAL LAW — POLICE POWER — REGULATING COLOR OF IMITATION BUTTER.— A State statute prohibiting the sale
Strana 81 - not in a habit of obedience to a like superior, receive habitual obedience from the bulk of a given society, that determinate superior is sovereign in that society, and the society (including the superior) is a society political and independent.
Strana 279 - This police power of the State extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.
Strana 299 - injuria applied, but that the onus of proof lay upon the defendants to show that the plaintiff "freely and voluntarily, with full knowledge of the nature and extent of the risk he ran, impliedly agreed to incur it," and to establish the fact that the maxim applied. Osborne v. London
Strana 225 - corporation, and in consequence of the wilful wrongs, whether of commission or omission, of such agents, engineers, or other employees when such wrongs are in any manner connected with the use and operation of any railway on or about which they shall be employed, and no contract which restricts
Strana 370 - thai all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, to
Strana 227 - of any negligence of its agents, or by any mismanagement of its engineers or other employees, to any person sustaining such damage." ' This provision, it will be seen, was copied almost verbatim from the Iowa Act of 1862 ; like its predecessor, it was at once assailed as unconstitutional, but with the same ill success.
Strana 98 - a judge of a court of record for trial, and if convicted, sentenced to confinement in any inebriate or insane asylum, is in violation of Const. US Amend, art. 14, §i, which declares that no State shall " deprive any person of ... liberty . . . without due process of law, nor deny
Strana 378 - civil rights, such as are guaranteed by the Constitution against State aggression, cannot be impaired by the wrongful act of individuals, unsupported by State authority in the shape of laws, customs, or judicial or executive proceedings.