Lawyers' Reports Annotated, Book 41Lawyers' Co-operative Publishing Company, 1898 |
From inside the book
Results 1-5 of 74
Page 37
... recover in this case , to show that the acci- dent resulted from the negligence of Ryan ; it must appear that it was the direct result of the incompetency of Ryan . Catlin v . Michigan C. R. Co. 66 Mich . 358 ; Thompson v . Lake Shore ...
... recover in this case , to show that the acci- dent resulted from the negligence of Ryan ; it must appear that it was the direct result of the incompetency of Ryan . Catlin v . Michigan C. R. Co. 66 Mich . 358 ; Thompson v . Lake Shore ...
Page 46
... recover damages for injuries re- ceived by the giving way of a defective ladder while he was in the discharge of his ordinary attached to a car , said accident occurring duties as such brakeman , the plaintiff cannot recover unless ...
... recover damages for injuries re- ceived by the giving way of a defective ladder while he was in the discharge of his ordinary attached to a car , said accident occurring duties as such brakeman , the plaintiff cannot recover unless ...
Page 47
... recover . If he was not negligent in this respect , or had not reason to know of this incompetency , and the injury did not arise from incompetency , he is not liable on this ground . If it was the care- less act of an incompetent ...
... recover . If he was not negligent in this respect , or had not reason to know of this incompetency , and the injury did not arise from incompetency , he is not liable on this ground . If it was the care- less act of an incompetent ...
Page 49
... recover , if he used due care while at- tempting to blow out the pipe , " is erroneous for the reason that it ignores the principle that to charge appellant it is essential to show knowl- edge , or that knowledge might have been ob ...
... recover , if he used due care while at- tempting to blow out the pipe , " is erroneous for the reason that it ignores the principle that to charge appellant it is essential to show knowl- edge , or that knowledge might have been ob ...
Page 50
... recover dam- verdict on the ground that it was not proved what the defect was , nor that a proper exami- ages for an injury caused by a defective road . nation had not been made , nor that an examina - b , must show that the officers ...
... recover dam- verdict on the ground that it was not proved what the defect was , nor that a proper exami- ages for an injury caused by a defective road . nation had not been made , nor that an examina - b , must show that the officers ...
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Common terms and phrases
accident action alleged appear appliances applied Asso authority Bank Bingham School brakeman caused chap charge Chicago cited Cloquet river common law condition Conn Constitution construction contract corporation County court court of equity creditors damages danger defect defendant defendant's demurrer doctrine duty election employed employee engine evidence exercise fact fellow servant fendant flour furnished held husband incompetency injury inspec inspection Iowa judgment jurisdiction jury knowledge land legislative legislature liable machinery mandamus marriage Mass master ment mill Minn Minneapolis negligence notice nuisance Ohio St opinion ordinary owner parties Pennsylvania Co person plaintiff plaintiff in error proper purpose question railroad railroad company reasonable recover repair Robert Bingham rule safe Stat statute stream street Teleg tion track trust U. S. App wife William Bingham
Popular passages
Page 180 - The power we allude to is rather the police power, the power vested in the legislature by the constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.
Page 247 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect or receive from any person or persons a greater or less compensation...
Page 180 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 35 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 237 - But it would be an alarming doctrine, that congress cannot impose upon any executive officer any duty they may think proper, which is not repugnant to any rights secured and protected by the constitution; and in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President.
Page 200 - Democratic legislature to make the test at a primary election in a belief in the free coinage of silver at the ratio of sixteen to one...
Page 181 - The police power of the state extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the state...
Page 159 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 332 - Any exertion of authority of this sort beyond this limit," says Story, "is a mere nullity, and incapable of binding such persons or property in any other tribunals.
Page 241 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he...