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action affirmed alleged amount appellant application assent bill bill of lading bonds issued capital stock carrier cent charter Circuit Court claim commissioners common carrier complainants Constitution construction contract corporate authorities county court county of Jasper county of Wilson coupons creditors damages debt decree defendant defendant's delivered donation Duanesburgh election entitled evidence facts filed Forestburgh Grand Trunk Railway held Illinois Illinois River incorporated injury interest issue bonds issue the bonds Jacksonville judgment jury land legal voters legislature levied liability Morgan County mortgage municipal negligence Ohio opinion owner pany parties passed passenger payable payment Pensacola petition plaintiff in error proposition purchase purpose pursuance question railroad company railway company received River R. R. road sect statute street subscribe subscription suit supervisor Supreme Court Swepson thereof tion Town of Thompson township track train trustees ultra vires valid vote
Side 353 - Negligence is the omission to do something which a reasonable man, guided upon 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 454 - We do not say that even the natural and probable consequences of a wrongful act or omission are in all cases to be chargeable to the misfeasance or nonfeasance. They are not when there Is a sufficient and independent cause operating between the wrong and the injury. In such a case the resort of the sufferer must be to the originator of the intermediate cause.
Side 449 - In respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally (ie, according to the usual course of things) from such breach of contract Itself, or as such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of the breach of it.
Side 50 - No county, city, township school district or other municipal corporation shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness.
Side 454 - In the nature of things, there Is in every transaction a succession of events, more or less dependent upon those preceding, and it is the province of a jury to look at this succession of events or facts, and ascertain whether they are naturally and probably connected with each other by a continuous sequence, or are dissevered by new and independent agencies, and this must be determined in view of the circumstances existing at the time.
Side 373 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Side 265 - The amount of any loss or damage for which any carrier is liable shall be computed on the basis of the value of the property (being the bona fide invoice price, if any, to the consignee, including the freight charges, if prepaid) at the place and time of shipment under this bill of lading...
Side 196 - In our opinion, the combination described in the declaration is a combination " in restraint of trade or commerce among the several States," in the sense in which those words are used in the act, and the action can be maintained accordingly.
Side 476 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Side 449 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation...