Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volum 18 |
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15 Utah accident affidavit affirmed agent alleged amount appeal assessment assignment attorney authority Bank BARTCH cars cause of action champerty City claim commissioners common carrier common law complaint concur constitution contract corporation costs counsel court erred creditors damages debt decree defendant defendant's district court duty error Estoppel evidence facts fellow servants fendant filed fraud Griffin held indebtedness injury insured interest Iowa Judge judgment jurisdiction jury justice Kaysville land lease leasehold estate legislature lien ment Messrs Mining Miss Berkman mortgage negligence notice officer opinion Oregon Short Line paid parties payment person Pickard plaintiff possession question Railroad reason recover refused respondent reversible error rule Salt Lake City Salt Lake County sprinkling statute statute of frauds Summit County testified testimony tion valid verdict void Weber County witness ZANE
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Side 225 - The carrier and his customer do not stand on a footing of equality. The latter is only one individual of a million. He cannot afford to higgle or stand out and seek redress in the courts. His business will not admit such a course. He prefers, rather, to accept any bill of lading, or sign any paper the carrier presents ; often, indeed, without knowing what the one or the other contains. In most cases, he has no alternative but to do this, or abandon his business.
Side 16 - There can be but one action for the recovery of any debt, or the enforcement of any right, secured by mortgage upon real . estate or personal property ; which action must be in accordance with the provisions of this chapter.
Side 357 - On the passage of all ordinances the votes of the several members of the board shall be entered on the minutes, and all ordinances shall be entered at length in the "ordinancebook.
Side 377 - ... the county in which the defendants, or some of them, reside at the commencement of the action...
Side 416 - ... himself; for the negligence of the cook, in not properly cleaning the copper vessels used in the kitchen : of the butcher, in supplying the family with meat of a quality injurious to the health; of the builder, for a defect in the foundation of the house, whereby it fell, and injured both the master and the servant by the ruins.
Side 503 - ... of his profession or trade, and the standard of due care is the conduct of the average prudent man. The test of negligence in employers is the same, and however strongly they may be convinced that there is a better or less dangerous way, no jury can be permitted to say that the usual and ordinary way commonly adopted by those in the same business is a negligent way, for which liability shall be imposed.
Side 372 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Side 224 - It is obvious, therefore, that if a carrier stipulate not to be bound to the exercise of care and diligence, but to be at liberty to indulge in the contrary, he seeks to put off the essential duties of his employment. And to assert that he may do so seems almost a contradiction in terms.
Side 395 - The fact that instead of stopping at the State boundary, they cross that boundary in going out and coming back, cannot affect the power of the State to levy a tax upon them. The...
Side 224 - In regulating the public establishment of common carriers, the great object of the law was to secure the utmost care and diligence in the performance of their important duties — an object essential to the welfare of every civilized community.