The Northeastern Reporter, Volume 31
Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio.
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action affirmed agent agreed agreement alleged amount answer appellant appellee apply assessment authority bank bill bonds building cause charge circuit court claim complaint condition consideration construction contract corporation costs counsel court damages deed defendant directed duty effect entered entitled error evidence exceptions executed facts filed follows further give given ground held injury instructions intention interest issue Judge judgment jury land liable Mass ment mortgage N. E. Rep notice objection opinion owner paid parties payment performed person plaintiff possession present proceedings proper prove purchase question railroad reason received record recover refused relation rendered reversed rule statute street suit taken term tion trial trust witness
Page 141 - Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law.
Page 159 - ... the said party of the first part, the said party of the second part does hereby covenant and agree to and with the party of the first part...
Page 62 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 329 - ... is a question of fact for the jury, and not one of law for the court, to pass upon.
Page 129 - To come under an implied invitation, as distinguished from a mere license, the visitor must come for a purpose connected with the business in which the occupant is engaged, or which he permits to be carried on there. There must at least be some mutuality of interest in the subject to which the visitor's business relates, although the particular thing which is the object of the visit may not be for the benefit of the occupant.
Page 219 - ... no appraisal had been made ; and at any stage of such new proceedings, the court may authorize the corporation, if in possession, to continue in possession, and if not in possession to take possession and use such real estate during the pendency and until the final conclusion of such new proceedings, and may stay all actions or proceedings against...
Page 60 - ... that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure...
Page 325 - ... of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive.
Page 395 - Whenever this Company shall pay the mortgagee (or trustee) any sum for loss or damage under this Policy and shall claim that, as to the mortgagor or owner, no liability therefor existed, this Company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made...