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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Results 1-5 of 78
Page 69
... duty . " Parr went to see him the next morning . McCaffery was asleep , and under the influence of morphine . After a while he roused up , and Parr , who seemed to have been there to talk to him , says that in the course of a ...
... duty . " Parr went to see him the next morning . McCaffery was asleep , and under the influence of morphine . After a while he roused up , and Parr , who seemed to have been there to talk to him , says that in the course of a ...
Page 70
... duty , without food or rest , for 19 consecutive hours , every day , Sundays included , and that such conduct is not a breach of duty to the public as well as to its other servants , it follows that the appellant in this case has not ...
... duty , without food or rest , for 19 consecutive hours , every day , Sundays included , and that such conduct is not a breach of duty to the public as well as to its other servants , it follows that the appellant in this case has not ...
Page 71
... duty to board the train as it passed , and see if the conductor was on ; and , as it is negligence to get on a moving train , he would have been compelled to have followed the train to the station , in case it did not stop long enough ...
... duty to board the train as it passed , and see if the conductor was on ; and , as it is negligence to get on a moving train , he would have been compelled to have followed the train to the station , in case it did not stop long enough ...
Page 72
... duty was simply to carry safely and deliver to the succeeding carrier within a reasonable time . No failure in the performance of this duty is alleged . In order to make a good complaint , the averments should be such as to show a duty ...
... duty was simply to carry safely and deliver to the succeeding carrier within a reasonable time . No failure in the performance of this duty is alleged . In order to make a good complaint , the averments should be such as to show a duty ...
Page 96
... duties as such carpenter , and by direction of the foreman and servants of defendants , was required to go upon a certain scaffold , made of wood ; and ft became the duty of defendants to fur- nish a strong and substantial scaffold ...
... duties as such carpenter , and by direction of the foreman and servants of defendants , was required to go upon a certain scaffold , made of wood ; and ft became the duty of defendants to fur- nish a strong and substantial scaffold ...
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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...