Harvard Law Review, Volume 28Harvard Law Review Pub. Association, 1915 |
From inside the book
Results 1-5 of 100
Page 3
... fact , having no exact analogy in any of the other sciences ( political science is the nearest ) , it is not strange ... fact of law . These are four : Law may be conceived of as ( 1 ) A thing to be ascertained as a fact of human conduct ...
... fact , having no exact analogy in any of the other sciences ( political science is the nearest ) , it is not strange ... fact of law . These are four : Law may be conceived of as ( 1 ) A thing to be ascertained as a fact of human conduct ...
Page 12
... fact , whose existence and integrity the law seeks to protect for their holders . Any impairment of the protected state of fact is a violation of the right . The word viola- tion , it should be noticed , is here used in a sense a little ...
... fact , whose existence and integrity the law seeks to protect for their holders . Any impairment of the protected state of fact is a violation of the right . The word viola- tion , it should be noticed , is here used in a sense a little ...
Page 16
... fact , and of proximate cause , which may be a question of law , are quite distinct . It must appear that the cause has actually produced the consequence , or will actually produce it , before the question of the proximateness of that ...
... fact , and of proximate cause , which may be a question of law , are quite distinct . It must appear that the cause has actually produced the consequence , or will actually produce it , before the question of the proximateness of that ...
Page 17
... fact follows his act , to escape liability for it on the plea that it was not proximate . Probability has the same meaning here as in connection with duties of probability , where the duty is to act or not to act in a way that will ...
... fact follows his act , to escape liability for it on the plea that it was not proximate . Probability has the same meaning here as in connection with duties of probability , where the duty is to act or not to act in a way that will ...
Page 21
... fact been set in operation and operating as it did , produced the consequence without any further active coöperation of the principal cause , the principal cause having merely had the effect of bringing the injured person or thing ...
... fact been set in operation and operating as it did , produced the consequence without any further active coöperation of the principal cause , the principal cause having merely had the effect of bringing the injured person or thing ...
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Common terms and phrases
27 HARV action apply assumption of risk authority Bank breach carrier cause cestui que trust commerce clause Commission common carrier common law Congress constitutional constructive trust contract corporation creditor damage decision declared defendant definitional consequence doctrine domicile duty easement effect employee enforced equity estoppel evidence exercise fact federal fraud ground held injury intention interest interstate commerce Interstate Commerce Commission intrastate rates involved judicial jurisdiction land legatee or devisee legislative legislature liability limited Mass matter ment N. Y. Supp nature negligence opinion owner pardon parties partner partnership person plaintiff present principle probability promise proximate purpose question railroad reason recover recovery regulation result riparian rule secret trust seems STAT statute Statute of Frauds supra Supreme Court testator testator's theory tion tort United valid violation Webb-Kenyon Act York
Popular passages
Page 402 - States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies or other commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement or understanding may be to substantially lessen competition or tend to create a monopoly in...
Page 180 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this Act, shall to that extent be void...
Page 91 - Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been understood by the traditions of our people and our law.
Page 173 - Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Page 163 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...
Page 182 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 436 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing...
Page 770 - Every partner is an agent of the partnership for the purpose of its business, and the Act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership...
Page 273 - All patents granted, or pre-emption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 402 - Provided, That nothing herein contained shall prevent discrimination in price between purchasers of commodities on account of differences in the grade, quality, or quantity of the commodity sold, or that makes only due allowance for differences in the cost of selling or transportation, or discrimination in price in the same or different communities made in good faith to meet competition...