The Federal Reporter, Volume 175West Publishing Company, 1910 - Law reports, digests, etc |
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Results 1-5 of 100
Page 12
... plaintiff below ) against the plaintiff in error ( the defendant below ) in the city court of Montgomery , and was duly removed on the ground of diverse citizenship to the Circuit Court . On January 13 , 1905 , the Vulcan Iron Works ...
... plaintiff below ) against the plaintiff in error ( the defendant below ) in the city court of Montgomery , and was duly removed on the ground of diverse citizenship to the Circuit Court . On January 13 , 1905 , the Vulcan Iron Works ...
Page 13
... plaintiff avers that the defendant violated the terms of said contract on its part , in that it failed to ship to the plaintiff a shovel with a boiler of the dimensions as required by the said contract and specifications thereto at ...
... plaintiff avers that the defendant violated the terms of said contract on its part , in that it failed to ship to the plaintiff a shovel with a boiler of the dimensions as required by the said contract and specifications thereto at ...
Page 14
... plaintiff , and that said boiler did not have attached thereto a Pem- berthy injector boiler feed . That thereupon and during the trial test of said steam shovel , the defendant , as it had a right to do under said provision con- tained ...
... plaintiff , and that said boiler did not have attached thereto a Pem- berthy injector boiler feed . That thereupon and during the trial test of said steam shovel , the defendant , as it had a right to do under said provision con- tained ...
Page 15
... plaintiff below for $ 3,413.91 , and the defendant below brings the case to this court . Phares Coleman and Lee H. Weil ( Coleman , Dent & Weil , on the brief ) , for plaintiff in error . B. P. Crum ( C. H. Roquemore and Steiner , Crum ...
... plaintiff below for $ 3,413.91 , and the defendant below brings the case to this court . Phares Coleman and Lee H. Weil ( Coleman , Dent & Weil , on the brief ) , for plaintiff in error . B. P. Crum ( C. H. Roquemore and Steiner , Crum ...
Page 19
... plaintiff gets more damages if his contract is a good one - one advantageous to him -for a breach of it than he would get if the contract was not a good one for him . If , for example , a contract was worth $ 1,000 in profit to the ...
... plaintiff gets more damages if his contract is a good one - one advantageous to him -for a breach of it than he would get if the contract was not a good one for him . If , for example , a contract was worth $ 1,000 in profit to the ...
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Popular passages
Page 125 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Page 31 - ... act, matter or thing in this act prohibited or declared to be unlawful...
Page 401 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Page 302 - Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under the provisions of this Act.
Page 433 - Should the Contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work with promptness and diligence, or fail in the performance of any of the agreements herein contained, such refusal, neglect or failure being certified by the architects, the Owner shall be at liberty, after three days...
Page 220 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same partes or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment...
Page 548 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.
Page 443 - It shall be the duty of the United States district attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any court...
Page 725 - This company shall not be liable under this policy for a greater proportion of any loss on the described property, or for loss by and expense of removal from premises endangered by fire, than the amount hereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insurers, covering such property...
Page 508 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...