Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 78Michigan. 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, 1890 - Law reports, digests, etc |
From inside the book
Results 1-5 of 77
Page v
... Negligence case - If there was no eye - witness to the acci- dent , in absence of evidence to the contrary , deceased will be presumed to have used ordinary care - Such pre- sumption warrants a recovery on showing defendant's negligence ...
... Negligence case - If there was no eye - witness to the acci- dent , in absence of evidence to the contrary , deceased will be presumed to have used ordinary care - Such pre- sumption warrants a recovery on showing defendant's negligence ...
Page ix
... Negligence case - Where the icy condition of the walk upon which plaintiff fell was caused by defendant's affirma- tive act , the case is a proper one for the jury . CASE V. GREEN , • Estates in land - Restraints upon alienation - These ...
... Negligence case - Where the icy condition of the walk upon which plaintiff fell was caused by defendant's affirma- tive act , the case is a proper one for the jury . CASE V. GREEN , • Estates in land - Restraints upon alienation - These ...
Page xi
... Negligence case - Party throwing bales of hay from barn loft onto sidewalk , without first looking to see if any one is near by , and giving sufficient warning to prevent approach , is guilty of negligence . 602 153 DEMING , THORP V ...
... Negligence case - Party throwing bales of hay from barn loft onto sidewalk , without first looking to see if any one is near by , and giving sufficient warning to prevent approach , is guilty of negligence . 602 153 DEMING , THORP V ...
Page xvii
... Negligence case - Appellate court does not concern itself with errors claimed to have been committed against the non - appealing party - A plaintiff has a right to at least attempt to try his case upon his own theory - Knowl- edge by ...
... Negligence case - Appellate court does not concern itself with errors claimed to have been committed against the non - appealing party - A plaintiff has a right to at least attempt to try his case upon his own theory - Knowl- edge by ...
Page xix
... Negligence case - Error to direct verdict on account of plaintiff's contributory negligence , when , to do so , the court must assume that he must have heard or seen what other unimpeached witnesses did not hear or see . LIVERNOIS ...
... Negligence case - Error to direct verdict on account of plaintiff's contributory negligence , when , to do so , the court must assume that he must have heard or seen what other unimpeached witnesses did not hear or see . LIVERNOIS ...
Contents
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Common terms and phrases
action affirmed agreed agreement alleged amount appears Argued October assignment Assumpsit Bay City bill cars cause certificate of deposit CHAMPLIN charge circuit court circuit judge citing claim complainant Conkwright contended contract contributory negligence creditors damages deceased Decided December 28 declaration decree deed Defendant brings error defendant's counsel Detroit duty election engine entitled evidence executed facts farm fellow-servant filed foreclosure fraud garnishee highway indorsement injury inspection interest James Jenks John Finnegan judgment June 16 jury Justices concurred land liable lien lumber mandamus matter ment mortgage N. W. Rep Negaunee negligence November 15 opinion paid parties payment person Phinney plaintiff premises purchase question Railroad Railroad Co Railway reason received record recover replevin scrip Shaw Shaw farm SHERWOOD sold Stat statute suit tending to show testified testimony thereof tion township train dispatcher trial verdict witness
Popular passages
Page 229 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession, of the things sold...
Page 532 - That every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person...
Page 263 - States during the period herein allowed for the completion of the contract by the party of the second part, and the party of the first part...
Page 548 - States two years and six months prior to said last named day, and every civilized male inhabitant of Indian descent, a native of the United States, and not a member of any tribe...
Page 445 - Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining ; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof...
Page 532 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Page 556 - The power of the legislature in such cases is limited to laws regulating the enjoyment of the right, by facilitating its lawful exercise, and by preventing its abuse. The right to vote must not be impaired by the regulation. It must be regulation not destruction.
Page 532 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 520 - It is enough to bring the case within the general rule of exemption if they are In the employment of the same master, engaged in the same common enterprise, both employed to perform duties tending to accomplish the same general purposes, or, in other words, if the services of each in his particular sphere or department are directed to the accomplishment of the same general end...
Page 618 - The judgment should be reversed with costs, and a new trial granted.