The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volum 67Abraham Clark Freeman Bancroft-Whitney Company, 1899 |
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Side 20
... injury resulting from an overflow of water from rainfall caused by embankments and culverts , which obstructed its natural flow , a plea which merely avers that the defendant con- structed its embankments and culverts more than ten ...
... injury resulting from an overflow of water from rainfall caused by embankments and culverts , which obstructed its natural flow , a plea which merely avers that the defendant con- structed its embankments and culverts more than ten ...
Side 21
... injury , although an- other company , or other causes , may have also contributed to the result . RAILROADS - OBSTRUCTED CULVERTS - FLOODING PROPERTY CO - OPERATION OF SPURTRACK IN CAUSING INJURY - PROPER CROSS - EXAMINATION . — In an ...
... injury , although an- other company , or other causes , may have also contributed to the result . RAILROADS - OBSTRUCTED CULVERTS - FLOODING PROPERTY CO - OPERATION OF SPURTRACK IN CAUSING INJURY - PROPER CROSS - EXAMINATION . — In an ...
Side 22
... injury , and has maintained them in the same condition ever since , without more , is not an answer to a complaint claiming damages for an injury resulting from an overflow of water from rainfall caused by the embankments and defective ...
... injury , and has maintained them in the same condition ever since , without more , is not an answer to a complaint claiming damages for an injury resulting from an overflow of water from rainfall caused by the embankments and defective ...
Side 25
... injury , and not its own . To relieve itself , it must show that its own negligence did not contribute proximately to the injury . The other railroads may have co - operated in de- gree in causing the injury , but , as we view the ...
... injury , and not its own . To relieve itself , it must show that its own negligence did not contribute proximately to the injury . The other railroads may have co - operated in de- gree in causing the injury , but , as we view the ...
Side 35
... injury to the stock of the plaintiff arose out of some act of the defendant , done , or commanded or directed to be done , by him . If this be not shown , he cannot be said , in the meaning of the statute , to cause it to be done . The ...
... injury to the stock of the plaintiff arose out of some act of the defendant , done , or commanded or directed to be done , by him . If this be not shown , he cannot be said , in the meaning of the statute , to cause it to be done . The ...
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The American State Reports: Containing the Cases of General Value ..., Volum 67 Abraham Clark Freeman Uten tilgangsbegrensning - 1899 |
The American State Reports: Containing the Cases of General Value ..., Volum 44 Abraham Clark Freeman Uten tilgangsbegrensning - 1895 |
The American State Reports: Containing the Cases of General Value ..., Volum 43 Uten tilgangsbegrensning - 1895 |
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action adverse possession affidavit alleged appellant appellee applied arrest attachment authority Bank bill bond cause charge claim common law complaint constitute contract contributory negligence corporation court court of equity creditors damages debt debtor decree deed defendant defendant's Delaplain demurrer dollars Dresden Milling duty entitled equity error evidence execution fact false imprisonment filed firm Fort Payne granted held homestead indorser injunction injury intent Iowa issued judge judgment judgment debtor jurisdiction jury justice land levy liable lien ment monographic note mortgage negligence nuisance officer owner parties partner partnership payment person plaintiff plaintiff in error possession prosecution purchaser purpose question railroad railway reason receiver recover rule service of process statute street suit sureties testator thereof tion trial trust void witness writ
Populære avsnitt
Side 872 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Side 871 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Side 613 - Anything which is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.
Side 450 - Provided, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food...
Side 595 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Side 862 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence
Side 66 - States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed...
Side 873 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Side 389 - Negligence,' has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.
Side 450 - If any substance or substances have been mixed with it, so as to lower or depreciate, or injuriously affect its quality, strength, or purity. (2) It any inferior or cheaper substance or substances have been substituted wholly or in part for it.