Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana, Volume 112Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Francis Marion Dice, Augustus Newton Martin, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy Bobbs-Merrill Company, 1888 - Law reports, digests, etc "With tables of the cases and principal matters" (varies). |
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Results 1-5 of 49
Page 8
... maintained , and , after hearing the proofs , rendered judgment " that the plaintiffs do have and recover of and from the defendant the sum of $ 1,537.51 , and that of said sum William W. Gilman , as executor of the estate of Henry ...
... maintained , and , after hearing the proofs , rendered judgment " that the plaintiffs do have and recover of and from the defendant the sum of $ 1,537.51 , and that of said sum William W. Gilman , as executor of the estate of Henry ...
Page 10
... maintained , " even though the amount of their several interests be unequal , and even though they may be entitled to several judgments , in respect to the amounts to be recovered . All must have some com- mon interest in respect to the ...
... maintained , " even though the amount of their several interests be unequal , and even though they may be entitled to several judgments , in respect to the amounts to be recovered . All must have some com- mon interest in respect to the ...
Page 47
... maintained is required to keep the gates thereto closed , and the railroad company is exonerated from liability for damages resulting from his failure so to do , except where the injury or killing of animals is caused by the neg ...
... maintained is required to keep the gates thereto closed , and the railroad company is exonerated from liability for damages resulting from his failure so to do , except where the injury or killing of animals is caused by the neg ...
Page 48
... maintained . 4th . That section five of the act of April 13th , 1885 , is invalid , because not embraced in the title of the act . Appellee's counsel further states his position thus : " Even if the acts of April 8th and 13th , 1885 ...
... maintained . 4th . That section five of the act of April 13th , 1885 , is invalid , because not embraced in the title of the act . Appellee's counsel further states his position thus : " Even if the acts of April 8th and 13th , 1885 ...
Page 51
... maintained , without any reference to what may have been done in the way of placing cattle - guards or cross- fences at such crossings . The duty to fence the right of way of railway companies has been , and now is , a purely statutory ...
... maintained , without any reference to what may have been done in the way of placing cattle - guards or cross- fences at such crossings . The duty to fence the right of way of railway companies has been , and now is , a purely statutory ...
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administrator affidavit alleged amount answer appellant appellee appellee's attorney authority averred Bank bill of exceptions board of commissioners bond cause of action Chicago Circuit Court cited City civil township claim clerk complaint construction contract costs creditors cross-complaint crossings damages debt defendant demurrer duty entitled error Evansville evidence ex rel executed executor facts fence Filed Nov held Indianapolis indictment injury issued Jacob Rubush Jarboe Jeffersonville John McIntire Judgment affirmed jury land land-owner liable lien Louis Louisville ment Morgan County mortgage motion negligence notice overruled paragraph party payment Pennsylvania Co person petition plaintiff plat pleading proceedings prosecuting provides question R. R. Co railroad company railway company real estate reason record recover rule statute struck jury sufficient suit supra surety sustained term Terre Haute therein thereof tion town township track train trial court trustee void
Popular passages
Page 356 - No association, or any member thereof, shall, during the time it shall continue its banking operations, withdraw, or permit to be withdrawn, either in the form of dividends or otherwise, any portion Of its capital.
Page 205 - Having no absolute right of recognition in other states, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those states may think proper to impose.
Page 8 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 422 - The judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred : the jurors have to say whether from those facts, when submitted to them, negligence ought to be inferred. It is, in my opinion, of the greatest importance, in the administration of justice, that these separate functions should be maintained, and should be maintained distinct.
Page 137 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Page 411 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that, if he did not use ordinary care and skill in his own conduct with regard to those circumstances, he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid...
Page 137 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Page 415 - ... it. It was possible for the defendant so to have constructed the guard, that such an accident as this could not have happened; and this, so far as appears, could have been done without unreasonable expense or trouble. If the defendant ought to have foreseen that such an accident might happen, of if such an accident could reasonably have been anticipated, the omission to provide against it would be actionable negligence.
Page 378 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 79 - ... that business in the mind of the public the right to the mark or name is lost, despite the existence of purely subjective "intent...