Reports of Cases Argued and Determined in the Supreme Court And, at Law, in the Court of Errors and Appeals of the State of New Jersey, Volum 94Soney and Sage, 1921 |
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Side 73
... contractor and that the employment was casual . On certiorari to Ocean Common Pleas . Before Justice MINTURN , by consent . For the prosecutor , Kalisch & Kalisch . For the respondent , Halsted H. Wainright . The opinion of the court ...
... contractor and that the employment was casual . On certiorari to Ocean Common Pleas . Before Justice MINTURN , by consent . For the prosecutor , Kalisch & Kalisch . For the respondent , Halsted H. Wainright . The opinion of the court ...
Side 74
... the contract was at an end . In that fact inheres the dis- tinction which differentiates the work or employment of the ordinary servant from that of an independent contractor . 94 N. J. L. Otmer v . Perry . The 74 NEW JERSEY SUPREME COURT .
... the contract was at an end . In that fact inheres the dis- tinction which differentiates the work or employment of the ordinary servant from that of an independent contractor . 94 N. J. L. Otmer v . Perry . The 74 NEW JERSEY SUPREME COURT .
Side 75
... contractor's negligence . " Cases defining the relationship and applying the differentiation will be found collected by the learned annotator in a foot note to Cockran v . Rice , 27 Am . & Eng . Ann . Cas . 573 . The same distinction is ...
... contractor's negligence . " Cases defining the relationship and applying the differentiation will be found collected by the learned annotator in a foot note to Cockran v . Rice , 27 Am . & Eng . Ann . Cas . 573 . The same distinction is ...
Side 84
... contractor , and pay- ment being refused , filed a stop - notice with the defendant and then brought suit against the owner for the full amount of the debt due them from the contractor . Held , that the clause in the contract requiring ...
... contractor , and pay- ment being refused , filed a stop - notice with the defendant and then brought suit against the owner for the full amount of the debt due them from the contractor . Held , that the clause in the contract requiring ...
Side 85
... contractors , for the building of a house thereon . The contract was duly filed , together with the specifications , and provided for the payment of the contract price by the owner to the contractor in six installments , the last ...
... contractors , for the building of a house thereon . The contract was duly filed , together with the specifications , and provided for the payment of the contract price by the owner to the contractor in six installments , the last ...
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Vanlige uttrykk og setninger
1919-Decided March 1920-Decided June accident ACKERSON action affirmance-THE CHANCELLOR affirmed agreement alleged amendment appellant argued BERGEN charge CHIEF JUSTICE claim common law Comp complaint contract contractor contributory negligence costs counsel County Circuit Court court was delivered damages DEFENDANT IN ERROR defendant's duty East Orange employe entitled Essex County evidence fact fendant filed GARDNER ground GUMMERE HEPPENHEIMER indictment injury Insurance Jersey City judgment under review June 14 jury Justices MINTURN KALISCH lease Lehigh Valley Railroad liability ment MINTURN motion municipality N. J. Eq negligence Newark nonsuit offence opinion owner Pamph PARKER parties payment Pennsylvania Railroad person plaint plaintiff in error premises present proceedings proof prosecutor Public Service Railway question railroad company reason recover refused respondent reversal reversal-None Stat statute Submitted December Submitted March suit Supreme Court SWAYZE TAYLOR testimony thereof tion TRENCHARD trial court trial judge verdict WILLIAMS writ
Populære avsnitt
Side 105 - ... a question of fact for the jury, and not of law for the court.
Side 156 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the forgery or want of authority.
Side 413 - ... beyond a reasonable doubt. "What is reasonable doubt?" Shaw asked.55 It is a term often used, probably pretty well understood, but not easily denned. It is not mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding...
Side 39 - ... and such ordinance shall not go into effect or become operative unless a majority of the qualified electors voting on the same shall vote in favor thereof.
Side 38 - ... shall go into effect before ten days from the time of its final passage...
Side 599 - He was required to exercise only the degree of care which an ordinarily prudent person would exercise under the emergency circumstances then prevailing.
Side 76 - On the other hand, the relation of master and servant exists whenever the employer retains the right to direct the manner in which the business shall be done, as well as the result to be accomplished, or, in other words, "not only what shall be done, but how it shall be dona
Side 535 - The company may make any payment provided for in this policy to any relative by blood or connection by marriage of the insured, or to any other person appearing to said company to be equitably entitled to the same by reason of having incurred expense In any way on behalf of the insured, for his or her burial...
Side 578 - Then, what is reasonable doubt ? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt ; because everything relating to human affairs and depending on moral evidence is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the...
Side 490 - II of this act, and unless there be as a part of such contract an express statement in writing, prior to any accident, either in the contract itself or by written notice from either party to the other, that the provisions of section...