The Northeastern Reporter, Volume 38West Publishing Company, 1895 - Law Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio. |
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Page 7
... alleged is that the horse , being perfectly gentle and docile , was not afraid of a passing train causing simply the ... allegations in the pleading the court must , as a matter of law , declare it was the speed of the train , and not ...
... alleged is that the horse , being perfectly gentle and docile , was not afraid of a passing train causing simply the ... allegations in the pleading the court must , as a matter of law , declare it was the speed of the train , and not ...
Page 11
... alleged in the complaint . By instruction No. 2 of the in- structions given at the request of the appel- lee the jury were told that , if the appellant's servants in charge of the train failed to give the proper signals as required by ...
... alleged in the complaint . By instruction No. 2 of the in- structions given at the request of the appel- lee the jury were told that , if the appellant's servants in charge of the train failed to give the proper signals as required by ...
Page 37
... alleged , as the basis for the conclusion of negligence in failing to supply gauntlets , that it was the custom of the appellee to furnish them to , and at the expense of , em- ployés . The second paragraph alleged that the service was ...
... alleged , as the basis for the conclusion of negligence in failing to supply gauntlets , that it was the custom of the appellee to furnish them to , and at the expense of , em- ployés . The second paragraph alleged that the service was ...
Page 38
... alleged that servants were required by any rule or custom connected with the service generally , or with that of the appellee specially , to wear such gauntlets . It was simply alleged that the appellee's custom was to supply them at ...
... alleged that servants were required by any rule or custom connected with the service generally , or with that of the appellee specially , to wear such gauntlets . It was simply alleged that the appellee's custom was to supply them at ...
Page 46
... alleged to be also a mortgage to se- cure the same debt ; asking that Closson be required to account for the rents of said real estate , that he make known the amount due him from Bennett , and that she be permitted to redeem said land ...
... alleged to be also a mortgage to se- cure the same debt ; asking that Closson be required to account for the rents of said real estate , that he make known the amount due him from Bennett , and that she be permitted to redeem said land ...
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Common terms and phrases
affidavit affirmed alleged amount answer Appeal from circuit appellant's appellate court appellee assessment assignment bank bond cause of action certiorari charge Chicago circuit court claim complaint contract conveyance conveyed corporation counsel court of equity Court of Indiana creditors damages decree deed defendant defendant's demurrer duty error evidence executed facts favor fee simple fendant filed finding foreclosure Gage George Hoadly held highway injury interest Jeffery judge judgment jury land liability lien lots Mannix Mass ment mortgage motion negligence Ohio overruled owner paid parties payment Pennsylvania Co person petition plain plaintiff plaintiff in error proceedings Pullman Company purchase question quitclaim deed railroad real estate reason record recover rule statute sufficient supreme court term testator thereof tiff tion train trial trust verdict warranty deed wife witness
Popular passages
Page 112 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 341 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 305 - Company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made, under all securities held as collateral to the mortgage debt...
Page 212 - That it shall be the duty of the Secretary of the Interior, as soon as may be practicable after the passage of this act, to make out an accurate list and plats of the lands described as aforesaid, and transmit the same to the Governor of the State of Arkansas; and at the request of said Governor, cause a patent to be issued to the State therefor; and on that patent the fee simple to said lands shall vest in the said State of Arkansas, subject to the disposal of the legislature thereof...
Page 192 - RULE 2. The bodies of those who have died of Diphtheria, Anthrax, Scarlet Fever, Puerperal Fever, Typhoid Fever, Erysipelas, Measles, and other contagious, infectious, or communicable diseases must be wrapped in a sheet thoroughly saturated with a strong solution of Bi-Chloride of Mercury, in the proportion of one ounce of Bi-Chloride of Mercury to a gallon of water; and encased in an Air-Tight Zinc...
Page 433 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Page 305 - ... insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner of the within described property...
Page 84 - This rule is founded on the plain and obvious principle, that a person must be presumed to intend to do that which he voluntarily and willfully does in fact do, and that he must intend all the natural, probable, and usual consequences of his own acts.
Page 308 - transfer " as used in this act shall be taken to include the passing of property or any interest therein in possession or enjoyment, present or future, by inheritance, descent, devise, bequest, grant, deed, bargain, sale or gift in the manner herein prescribed. The words
Page 187 - In every case involving actionable negligence, there are necessarily three elements necessary to its existence : 1. The existence of a duty on the part of the defendant to protect the plaintiff from the injury of which he complains. 2. A failure by the defendant to perform that duty. 3. An injury to the plaintiff from such failure of the defendant. When these elements are brought together, they unitedly constitute actionable negligence. The absence of any one of these elements renders a complaint...