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], Volume 25Abraham Clark Freeman Bancroft-Whitney Company, 1892 - Law reports, digests, etc |
From inside the book
Results 1-5 of 85
Page 35
... death of A. W. Johnson , alleged to have been caused by the culpable negligence of the employees of defend- ant . Plaintiff's intestate having taken passage on a train of defendant , and having willfully and persistently refused to pay ...
... death of A. W. Johnson , alleged to have been caused by the culpable negligence of the employees of defend- ant . Plaintiff's intestate having taken passage on a train of defendant , and having willfully and persistently refused to pay ...
Page 38
... death was the natural and proximate result of the expulsion before defend- ants can be made liable . How can this be said in the present case ? Admit that the vicinity of a railroad track is dan- gerous to passers by ; admit that ...
... death was the natural and proximate result of the expulsion before defend- ants can be made liable . How can this be said in the present case ? Admit that the vicinity of a railroad track is dan- gerous to passers by ; admit that ...
Page 39
... death , or as con- nected with it , except as he himself connected it by his vol- untary intoxication : McClelland v . Louisville etc. R'y Co. , 94 Ind . 276 . The court should have given the affirmative charge requested by defendant ...
... death , or as con- nected with it , except as he himself connected it by his vol- untary intoxication : McClelland v . Louisville etc. R'y Co. , 94 Ind . 276 . The court should have given the affirmative charge requested by defendant ...
Page 42
... death , nor chargeable with notice of his condition or whereabouts . The same rule was applied to like facts in Railway Co. v . Valleley , 32 Ohio St. 345 ; 30 Am . Rep . 601 . In Virginia etc. R. R. Co. v . Boswell , 82 Va . 932 , the ...
... death , nor chargeable with notice of his condition or whereabouts . The same rule was applied to like facts in Railway Co. v . Valleley , 32 Ohio St. 345 ; 30 Am . Rep . 601 . In Virginia etc. R. R. Co. v . Boswell , 82 Va . 932 , the ...
Page 44
... death ; and the court held that she must be considered as a willing party to his conduct , instrumental in bringing the loss caused by his death upon herself , and consequently guilty of such contributory negligence as would defeat any ...
... death ; and the court held that she must be considered as a willing party to his conduct , instrumental in bringing the loss caused by his death upon herself , and consequently guilty of such contributory negligence as would defeat any ...
Contents
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Common terms and phrases
action affirmed agreement alleged appellant appellee assignment authority averment bank benefit bill cause certificate charge claim complaint Conn consideration constitution contract contributory negligence conveyance corporation court court of equity creditors damages death debt declared decree deed defendant defendant's demurrer duty entitled equity error estopped evidence execution fact false pretenses fraudulent held husband indictment injury interest Iowa issued John Carlisle Johnson judgment jury land larceny liable lien McHatton ment mortgage negligence obtained officer opinion owner paid party patents payment person plaintiff plaintiff in error possession promise purchase purpose question R. R. Co R'y Co railroad reason received recover replevin rule sell slander of title statute of frauds statute of limitations street sustained testimony thereof thousand dollars tion track trial trust vendor wife
Popular passages
Page 854 - The property which every man has in his own labor, as it is the original foundation of all other property, so it is the most sacred and inviolable.
Page 491 - ... shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
Page 917 - Will in solemn form of law, shall continue to possess the same rights and privileges, and be subject to the same liabilities with respect to costs, as heretofore...
Page 246 - The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied. Priority of appropriation shall give the better right as between those using the water for the same purpose; but when the waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the water for domestic purposes shall have the preference over those claiming for any other purpose, and those using the water for agricultural purposes...
Page 103 - We do not see how a better test can be applied to the question whether the agreement is reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 874 - Amendment that no state shall deny to any person within its jurisdiction the equal protection of the laws was not intended to prevent a state from adjusting its system of taxation in all proper and reasonable ways.
Page 104 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Page 1000 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 604 - And as to my worldly estate and all the property, real personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease...
Page 97 - Within two years : 1. An action upon a contract, obligation, or liability, not founded upon an instrument of writing...