The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volumes 61-62Weed, Parsons, 1900 |
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Page 14
... injured thereby , so that the railroad corporation , the common master , is liable . We said at that time : " Upon ... injury to a servant that we are not at all surprised that the Court of Appeals has followed the Supreme Court of the ...
... injured thereby , so that the railroad corporation , the common master , is liable . We said at that time : " Upon ... injury to a servant that we are not at all surprised that the Court of Appeals has followed the Supreme Court of the ...
Page 15
... injury to an engineer of a train resulting from the negligence of its con- ductor . In Baltimore & Ohio R. R. v . Baugh ( 149 U. S. 368 ) the company was held not to be responsible to a fireman for an injury resulting from the ...
... injury to an engineer of a train resulting from the negligence of its con- ductor . In Baltimore & Ohio R. R. v . Baugh ( 149 U. S. 368 ) the company was held not to be responsible to a fireman for an injury resulting from the ...
Page 68
... injury to another shall not result . .. There cannot be neglect without the existence of a corresponding duty . " ( Kennedy v . Chase , 119 Cal . 637 , 640 ; 63 Am . St. Rep . 153 , 156. ) It is therefore clear that an action based on ...
... injury to another shall not result . .. There cannot be neglect without the existence of a corresponding duty . " ( Kennedy v . Chase , 119 Cal . 637 , 640 ; 63 Am . St. Rep . 153 , 156. ) It is therefore clear that an action based on ...
Page 70
... injury should be received from another . To contributory negligence , therefore , the maxim l'olenti non fit injuria ' does not apply , because a negligent per- son exercises no will at all . The moment he wills to do the injury , or to ...
... injury should be received from another . To contributory negligence , therefore , the maxim l'olenti non fit injuria ' does not apply , because a negligent per- son exercises no will at all . The moment he wills to do the injury , or to ...
Page 71
... injury being , then , the sole ground of his exemption from liability , it follows that such exemption cannot be allowed where such impossibility does not exist ; or , in other words , the general rule that a plaintiff who is himself at ...
... injury being , then , the sole ground of his exemption from liability , it follows that such exemption cannot be allowed where such impossibility does not exist ; or , in other words , the general rule that a plaintiff who is himself at ...
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Popular passages
Page 49 - Plate sin with gold, And the strong lance of justice hurtless breaks: Arm it in rags, a pigmy's straw does pierce it.
Page 216 - I will be master of what is mine own : She is my goods, my chattels ; she is my house, My household stuff, my field, my barn, My horse, my ox, my ass, my any thing...
Page 214 - When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house.
Page 248 - But lest it should be said that no such privileges and immunities are to be found, if those we have been considering are excluded, we venture to suggest some which owe their existence to the federal government, its national character, its constitution, or its laws.
Page 10 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Page 58 - Association is formed to cultivate the science of jurisprudence, to promote reform in the law, to facilitate the administration of justice, to elevate the standard of integrity, honor and courtesy in the legal profession, and to cherish a spirit of brotherhood among the members thereof.
Page 69 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Page 294 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors, of such cities, towns and villages, or of some division thereof,- or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
Page 357 - ... the jury may give such damages as they shall deem a fair and just compensation, with reference to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person...
Page 294 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...