The Eastern Reporter: Containing All the Decisions of the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey and Pennsylvania, ... as Soon as They are Filed, with Statement of the Case, Volume 9William Gould, 1887 - Law reports, digests, etc |
From inside the book
Results 1-5 of 84
Page 17
... common law and must be strictly construed . Esterly's Appeal , 54 Penn . St. 192 ; Biddle v . Black , 99 id . 380 ; Bom v . Zimmerman , 8 Phila . 233 ; Moyer v . Kellogg , 1 W. N. C. 134 ; Bond v . Wheeler , id . 282 ; Weldman v ...
... common law and must be strictly construed . Esterly's Appeal , 54 Penn . St. 192 ; Biddle v . Black , 99 id . 380 ; Bom v . Zimmerman , 8 Phila . 233 ; Moyer v . Kellogg , 1 W. N. C. 134 ; Bond v . Wheeler , id . 282 ; Weldman v ...
Page 43
... common burden for a charitable or benevo- lent purpose thus escape from their share of it , and throw it upon their associates or defeat the whole enterprise ? Would not such a course be in violation of the original understanding or ...
... common burden for a charitable or benevo- lent purpose thus escape from their share of it , and throw it upon their associates or defeat the whole enterprise ? Would not such a course be in violation of the original understanding or ...
Page 59
... common with the defendant , and has no right to dictate or make repairs at defendant's expense . His right is only an easement- the right to draw from the flume . In Dodge v . Badger , 12 Mass . 64 ; Campbell v . Mesier , 4 Johns . Ch ...
... common with the defendant , and has no right to dictate or make repairs at defendant's expense . His right is only an easement- the right to draw from the flume . In Dodge v . Badger , 12 Mass . 64 ; Campbell v . Mesier , 4 Johns . Ch ...
Page 98
... common law or by statute , existed on the part of the defendant to owners of real estate for inju- ries occasioned to them by changes of grade in the streets adjoining their prem- ises ; and save as to the mode pointed out and to the ...
... common law or by statute , existed on the part of the defendant to owners of real estate for inju- ries occasioned to them by changes of grade in the streets adjoining their prem- ises ; and save as to the mode pointed out and to the ...
Page 129
... common pleas of Columbia county . This was an action of covenant . The facts are set forth in the opin- ion of ELWELL , P. J. , of which the second following is a copy . Opinion upon entering judgment of nonsuit : " It struck me , as ...
... common pleas of Columbia county . This was an action of covenant . The facts are set forth in the opin- ion of ELWELL , P. J. , of which the second following is a copy . Opinion upon entering judgment of nonsuit : " It struck me , as ...
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The Eastern Reporter: Containing All the Decisions of the States of Maine ... John T. Cook No preview available - 2015 |
Common terms and phrases
action affirmed agreement alleged amount appeal appellee appointed assessment assignment assumpsit authority bank bill bond cause cause of action chapter charge claim commissioners common law complainant construction contract corporation court court of chancery court of equity creditors damages debt deceased decree deed defendant defendant's duty entitled equity evidence execution executor facts filed fund granted held injunction injury intended interest intestate January January 18 judge judgment jurisdiction jury justice land lease legislature liable lien Mass ment mortgage negligence Norr notes objection opinion owner paid parties payment Penn person Phila plaintiff in error possession premises purchase purpose question Railroad Company rapid transit real estate reason received recover refused road rule Smith statute statute of limitations street suit surrogate term testator testified testimony thereof tion trial trust verdict witness writ
Popular passages
Page 346 - All taxes shall be uniform upon the same class of subjects within the territorial limits, of the authority levying the tax, and shall be levied and collected under general laws...
Page 156 - ... light, so constructed as to show an unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side, and of such a character as to be visible at a distance of at least five miles.
Page 100 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Page 384 - suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law.
Page 348 - Provided, That all property, real or personal, other than that which is in actual use and occupation for the purposes aforesaid, and from which any income or revenue is derived, shall be subject to taxation, except where exempted by law, for State purposes, and nothing herein contained shall exempt same therefrom.
Page 650 - He can excuse himself by showing that the escape was owing to the plaintiff's default; or perhaps that the escape was the consequence of vis major, or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.
Page 650 - ... it seems but reasonable and just that the neighbor, who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
Page 650 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 330 - Hope, supra, that 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.
Page 155 - ... miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam on their respective sides.