Harvard Law Review, Volume 28Harvard Law Review Pub. Association, 1915 |
From inside the book
Results 1-5 of 100
Page 26
... ground that the injury was not probable . But several of the judges said that the company would be liable even though it was not probable that the fire would run so far , if the company had been negligent in starting the fire . The ...
... ground that the injury was not probable . But several of the judges said that the company would be liable even though it was not probable that the fire would run so far , if the company had been negligent in starting the fire . The ...
Page 27
... ground of an exception to the general rule such as is now under consideration . The language of the judges , however ... grounds of humanity , saying that to hold a negligent person liable for a whole conflagration would be to impose a ...
... ground of an exception to the general rule such as is now under consideration . The language of the judges , however ... grounds of humanity , saying that to hold a negligent person liable for a whole conflagration would be to impose a ...
Page 45
... ground that it was a police measure , not a regulation of foreign or interstate commerce , and formed a portion of that " immense mass of legislation which , " according to Gibbons v . Ogden , " em- braces everything within the ...
... ground that it was a police measure , not a regulation of foreign or interstate commerce , and formed a portion of that " immense mass of legislation which , " according to Gibbons v . Ogden , " em- braces everything within the ...
Page 75
... grounds were declared untenable , and the court affirmed in full the orders of the Commission and the Commerce Court . As ... ground . Indeed , three of the seven Interstate Commerce Commissioners had denied 92 that the 92 Six separate ...
... grounds were declared untenable , and the court affirmed in full the orders of the Commission and the Commerce Court . As ... ground . Indeed , three of the seven Interstate Commerce Commissioners had denied 92 that the 92 Six separate ...
Page 79
... ground that it primarily involved the long and short haul clause of the original fourth section of the act , rather than the third section , and also on the ground that the ad- ministrative authority of the Commission had been ...
... ground that it primarily involved the long and short haul clause of the original fourth section of the act , rather than the third section , and also on the ground that the ad- ministrative authority of the Commission had been ...
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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...