Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 103
Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper
Phelphs & Stevens, printers, 1896 - Law reports, digests, etc
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action affirmed agent agreed agreement allowed amount appears asked assigned authority bank bill building called cause charge circuit cited claim complainant concurred condition consideration considered construction contended contract costs counsel court damages December Decided deed defendant defendant's delivered determine Detroit directed duty entitled error evidence executed facts feet follows further give given GRANT held holding injury instruction interest judge judgment jury Justices land lease liable logs lumber machine matter ment Mich Michigan mortgage negligence notice opinion paid parties payment person plaintiff possession present proceedings proof proper purchase question railroad Railway reason received recover refused respondent rule secure sold statute street sufficient suit taken testified testimony timber tion train trial trustee verdict witness
Page 25 - He must, in the language of the cases, have sufficient active memory to collect in his mind, without prompting, the particulars or elements of the business to be transacted, and to hold them in his mind a sufficient length of time to perceive at least their obvious relations to each other, and be able to form some rational judgment in relation to them.
Page 231 - ... will not do for a man to enter into a contract, and when called upon to respond to its obligations, to say that he did not read it when he signed it, or did not know what it contained. If this were permitted, contracts would not be worth the paper on which they are written. But such is not the law. A contractor must stand by the words of his contract; and, if he will not read what he signs, he alone is responsible for his omission.
Page 293 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein ; and such agreement, if made by an agent of the party sought to be charged...
Page 195 - ... shall perform his appropriate duty, each is an observer of the conduct of the others, can give notice of any misconduct, incapacity or neglect of duty, and leave the service, if the common employer will not take such precautions, and employ such agents as the safety of the whole party may require. By these means, the safety of each will be much more effectually secured, than could be done by a resort to the common employer for indemnity in case of loss by the negligence of each other.
Page 226 - Mehalski, and, in the moving of 2a8 the train, the plaintiff was thrown down and run over, and received the injuries complained of, and if the jury should find that the proximate cause of the injury was the failure of Mehalski to notify the plaintiff that the train was about to be moved, then the plaintiff would be entitled to recover. This instruction implies that the failure of Mehalski to notify plaintiff of the intended movement of the train was negligence as matter of law. While it was clearly...
Page 54 - Their testimony tended further to show that by reason of the injury his lung was affected, and consumption had resulted. The court, in its instruction to the jury, stated substantially that if they found for the plaintiff he was entitled to recover for the injury to his lungs. It is insisted by counsel that this was error; that, if this claim was insisted upon, the defendant had the right to look up Grinnell's past history, and they had no opportunity to do so, as the trial was then in progress.
Page 526 - To this there are some exceptions, one of which arises out of the rule of the law merchant as to negotiable instruments. These, being part of the currency, are subject to the same rule as money...
Page 60 - ... surprise on the defendant which might otherwise ensue on the trial, the plaintiff must, in general, state the particular damage which he has sustained, or he will not be permitted to give evidence of it.
Page 198 - But, in truth, the mere relation of the master and the servant never can imply an obligation on the part of the master to take more care of the servant than he may reasonably be expected to do of himself.
Page 14 - If any horse or other animal, or any cart, carriage or vehicle, or other property, shall receive any injury or damage by reason of neglect by any township, village, city or corporation to keep in repair any public highway, street, bridge, sidewalk, crosswalk or culvert, the township, village, city or corporation whose duty it is to keep such public highway, street, bridge, sidewalk, cross-walk or culvert in repair shall be liable to and shall pay the...