Alaska Reports, Volume 2West Publishing Company, 1906 |
From inside the book
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Page 10
6. NEGLIGENCE - TRIAL - QUESTION FOR JURY - CONTRIBUTORY NEG- LIGENCE . It is generally held that contributory negligence is a question for the jury , and is one that should never be taken from a jury unless the case is so clear that in ...
6. NEGLIGENCE - TRIAL - QUESTION FOR JURY - CONTRIBUTORY NEG- LIGENCE . It is generally held that contributory negligence is a question for the jury , and is one that should never be taken from a jury unless the case is so clear that in ...
Page 14
BROWN , District Judge . In approaching a discussion of the questions involved in the motion I may say the law ... question is now fairly before the court for its de- termination : Do the rules of the defendant company re- quiring ...
BROWN , District Judge . In approaching a discussion of the questions involved in the motion I may say the law ... question is now fairly before the court for its de- termination : Do the rules of the defendant company re- quiring ...
Page 17
... question , and the only substantial question , in the case , as counsel well say , is whether deceased was guilty of contributory negligence . I take it the law as stated by counsel for plaintiff is sup- ported by many authorities , and ...
... question , and the only substantial question , in the case , as counsel well say , is whether deceased was guilty of contributory negligence . I take it the law as stated by counsel for plaintiff is sup- ported by many authorities , and ...
Page 24
... question of contributory negli- gence by the company was properly submitted to the jury . Under the facts presented in that case , the question as to whether contributory negligence was properly submitted to the jury was a close one ...
... question of contributory negli- gence by the company was properly submitted to the jury . Under the facts presented in that case , the question as to whether contributory negligence was properly submitted to the jury was a close one ...
Page 27
... question so far as it may be said to arise from the facts presented in this regard . The danger being obvious and patent to the master and servant alike , both are at fault if the servant continues to labor under such circumstances ...
... question so far as it may be said to arise from the facts presented in this regard . The danger being obvious and patent to the master and servant alike , both are at fault if the servant continues to labor under such circumstances ...
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Common terms and phrases
affidavit agreement alleged answer appear application attorney authority Cascaden cause of action Cent Chena river Civil Procedure complaint Congress contract contributory negligence corporation counsel court of equity creek decree deed defendant defendant's demurrer denied discovery District Court District Judge District of Alaska Division duty employé entered entry equity evidence facts Fairbanks fendant filed grand jury grant ground held homestead Indians indictment injunction injury interest issued judgment Juneau jurisdiction Lituya Bay McClellan ment mineral motion Nome Note.-For notice occupation owner partnership party person placer mining claim plaintiff pleadings possession prior probate court proceedings public lands purpose question quiet title record rule servant stakes Stat statute sufficient suit supersedeas bond Supreme Court territory therein thereof tion town tract treaty trial U. S. Comp United Valdez verdict wharf WICKERSHAM Yakutat Yukon Yukon Territory
Popular passages
Page 437 - 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 accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 314 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 368 - ... and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed ; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Page 541 - Where minerals have been found and the evidence is of such a character that a person of ordinary prudence would be justified in the further expenditure of his labor and means, with a reasonable prospect of success, in developing a valuable mine, the requirements of the statute have been met.
Page 448 - That the Indians or other persons in said district shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them, but the terms under which such persons may acquire title to such lands is reserved for future legislation by Congress...
Page 622 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits...
Page 220 - ... they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may, from time to time, adopt in regard to aboriginal tribes of that country.
Page 222 - And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States...
Page 204 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.
Page 491 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...