The Canadian Law Times, Volume 20Carswell, 1901 - Canada From 1900 to 1908 includes the "Annual digest of Canadian cases ... decided in the Judicial Committee of the Privy Council, in the Supreme and Exchequer Courts of Canada, and in the courts of the provinces ... Edited by Edward B. Brown." |
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Results 1-5 of 100
Page 1
... condition , or declaration , if the damage arises from negligence or omission of the company or its servants . In order to discuss this subject intelligently , it will be necessary to take a short review of the history of the law ...
... condition , or declaration , if the damage arises from negligence or omission of the company or its servants . In order to discuss this subject intelligently , it will be necessary to take a short review of the history of the law ...
Page 5
... condition , or declaration limiting its liability ; and any such provision is to be null and void , pro- vided that the company is not to be prohibited from making such conditions as may be adjudged by the Court to be just and ...
... condition , or declaration limiting its liability ; and any such provision is to be null and void , pro- vided that the company is not to be prohibited from making such conditions as may be adjudged by the Court to be just and ...
Page 6
... conditions limiting liability was more and more insisted upon . Yielding to popular demand and judicial sug- gestion ... condition , or declaration , if the damage arises from any neglect or omision of the company or its servant . " The ...
... conditions limiting liability was more and more insisted upon . Yielding to popular demand and judicial sug- gestion ... condition , or declaration , if the damage arises from any neglect or omision of the company or its servant . " The ...
Page 7
... condition relieving railway com- panies from their negligence , where the negligent act occurred whilst they filled the position of warehousemen only . The situation then has been since 1871 that railway com- panies may receive goods ...
... condition relieving railway com- panies from their negligence , where the negligent act occurred whilst they filled the position of warehousemen only . The situation then has been since 1871 that railway com- panies may receive goods ...
Page 8
... conditions precedent to the issue of a writ . ( g ) If it can be shown that the negligence relied upon by the plaintiff is not within the scope of the section , a condition aptly worded may be a defence even against such negligence ...
... conditions precedent to the issue of a writ . ( g ) If it can be shown that the negligence relied upon by the plaintiff is not within the scope of the section , a condition aptly worded may be a defence even against such negligence ...
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Common terms and phrases
action affidavit affirmed agreement alleged amendment amount application appointed assessment authority Bank British Columbia by-law Canadian Pacific R. W. cause certiorari common law contract conviction corporation costs counterclaim County Court Court of Appeal Court of Canada Court of Chancery creditor damages debt debtor defendant defendant's dismissed Divisional Court easement entitled evidence execution executors fact fendant followed garnishee Grand Trunk R. W. granted Held High Court husband indorsed interpleader issue Judge judgment jurisdiction jury Justice land lease liable Manitoba matter ment Montreal mortgage mortgagor motion Municipal negligence notice Nova Scotia offence Ontario owner paid parties payment person plaintiff pleading proceedings Province purchase Quebec question railway company reason recover referred Regina respondent Rule security for costs shew solicitor statement of claim statute Supreme Court taxes tion Township trial trustees wife writ writ of summons
Popular passages
Page 203 - That for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered.
Page 63 - Sir, you do not know it to be good or bad till the judge determines it. I have said that you are to state facts fairly; so that your thinking, or what you call knowing, a cause to be bad must be from reasoning, must be from your supposing your arguments to be weak and inconclusive.
Page 239 - 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 194 - that the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
Page 4 - And this is a politic establishment, contrived by the policy of the law for the safety of all persons the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Page 63 - ... supposing your arguments to be weak and inconclusive. But, sir, that is not enough. An argument which does not convince yourself may convince the judge to whom you urge it; and if it does convince him, why then, sir, you are wrong and he is right.
Page 363 - The principle seems to us to be that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied, that the impossibility arising from the perishing of the person or thing shall excuse the performance.
Page 102 - The subjects of every state ought to contribute towards the support of the government, as nearly as possible, in proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the protection of the state.
Page 205 - That in every case of any clerk in holy orders of the United Church of England and Ireland, who may be charged with any offence against the laws ecclesiastical, or concerning whom there may exist scandal or evil report as having offended against the said laws, it shall be lawful...
Page 159 - Territories or to sell or dispose of the same with intent to defraud his creditors generally or the plaintiff in particular...