The Northeastern Reporter, Volume 31West Publishing Company, 1892 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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Page 4
... jury to consider in weighing his testimony . The charge stated that the lapse of time did not affect his right to sue or defeat his right of action if he had one , and is open to no objection or criticism . It is not only within the ...
... jury to consider in weighing his testimony . The charge stated that the lapse of time did not affect his right to sue or defeat his right of action if he had one , and is open to no objection or criticism . It is not only within the ...
Page 6
... jury could have found that the man was a servant was that there was evidence that the defendant Steinburg , Spitz's managing man , said that he sent his " agent " to Framingham , etc. , which is not enough ; and we do not think that we ...
... jury could have found that the man was a servant was that there was evidence that the defendant Steinburg , Spitz's managing man , said that he sent his " agent " to Framingham , etc. , which is not enough ; and we do not think that we ...
Page 8
... jury , and instructed them that those statements , if made by Whitaker , were admissible only to contradict him , and had no other effect as against the de- fendant . The jury found for the defend- ant . Joseph R. Smith , for plaintiff ...
... jury , and instructed them that those statements , if made by Whitaker , were admissible only to contradict him , and had no other effect as against the de- fendant . The jury found for the defend- ant . Joseph R. Smith , for plaintiff ...
Page 47
... jury . The portion of this instruction ob- jected to is as follows : " If you find from the evidence that the view of the ap- proaching train was obstructed by build- ings , trees , and cars on defendant's rail- road at such crossing to ...
... jury . The portion of this instruction ob- jected to is as follows : " If you find from the evidence that the view of the ap- proaching train was obstructed by build- ings , trees , and cars on defendant's rail- road at such crossing to ...
Page 51
... jury are not ex- cessive . We are unable to say that the verdict of the jury is not supported by the evidence , or that there was error in the amount of the recovery . cover at all , it was upon the theory out- lined in the complaint ...
... jury are not ex- cessive . We are unable to say that the verdict of the jury is not supported by the evidence , or that there was error in the amount of the recovery . cover at all , it was upon the theory out- lined in the complaint ...
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action affidavit affirmed agent agreement alleged amount answer Appeal from circuit appellate court appellee assessment authority averments bill bonds cause certificate charge circuit court claim commissioners complaint contract corporation counsel court of equity damages debt decree deed defendant defendant's demurrer dence duty easement entitled error evidence executed facts fee simple fendant filed held Hobart township injury issue James McClintock John Volz Judge judgment jury land liable lien Mass ment mortgage N. E. Rep N. Y. Supp negligence notice overruled owner paid parties payment person plaintiff plaintiff in error possession premises proceedings purchase purpose question Railroad Co railroad company real estate reason recover reversed rule sion statute street suit supreme court tained term testator thereof tiff tion tract trial trust verdict Voreis
Popular passages
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 227 - All lands and all personal estate within this State, whether owned by individuals or by corporations, shall be liable to taxation, subject to the exemptions hereinafter specified.
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...