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action Affirmed agreed alleged amount appellant appellant's appellee application bill called cause charged Chicago Circuit Court City claim Clarke coal Company complainant condition construction contended contract counsel court crossing damages dangerous death deceased decree defective defendant defendant in error delivered directed duty employed entered evidence fact filed finding further give given going ground Heard held horse Illinois injury instruction interest issued John Judge judgment jury JUSTICE land lease liability Louis March master motion negligence notice November objection October operation opinion paid parties passed person plaintiff in error presiding proof prove question railroad Railway reason received record recover refused remanded result Reversed rule says servant side statute street suit sustained tending term testified testimony thereof tion track train trial verdict witness
Page 430 - That the question does not depend upon whether the covenant runs with the land, is evident from this, that if there was a mere agreement and no covenant, this court would enforce it against a party purchasing with notice of it; for if an equity is attached to the property by the owner, no one purchasing with notice of that equity can stand in a different situation from the party from whom he purchased.
Page 559 - Claims for loss, damage, or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the property, or, in case of failure to make delivery, then within four months after a reasonable time for delivery has elapsed. Unless claims are so made the carrier shall not be liable.
Page 385 - The true distinction is this: A mere passive acquiescence by an owner or occupier in a certain use of his land by others involves no liability; but, if he directly or by implication induces persons to enter on and pass over his premises, he thereby assumes an obligation that they are in a safe condition, suitable for such use, and for a breach of this obligation he is liable in damages to a person injured thereby.
Page 558 - ... to its usual place of delivery at said destination, if on its road, otherwise to deliver to another carrier, on the route to said destination. "It is mutually agreed as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any...
Page 558 - It is mutually agreed, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said property, that every service to be performed hereunder shall be subject to all the conditions, whether printed or written, herein contained (including conditions on back hereof) and which are agreed to by the shipper and accepted for himself and his assigns.
Page 366 - Legislature shall provide by law that in all elections for directors or managers of incorporated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected...
Page 489 - When a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care.
Page 82 - No person under the age of sixteen years shall be employed or suffered or permitted...
Page 558 - Received, subject to the classifications and tariffs in effect on the date of issue of this original bill of lading. At Ithaca, Mich., 18-1, 1911, from owner* the property described below, in apparent good order, except as noted (contents and condition of contents of packages unknown...
Page 464 - The proximate cause is the efficient cause, the one that necessarily sets the other causes in operation. The causes that are merely incidental or instruments of a superior or controlling agency are not the proximate causes and the responsible ones, though they may be nearer in time to the result. It is only when the causes are independent of each other that the nearest is, of course, to be charged with the disaster.