Massachusetts Reports, Volume 207H.O. Houghton and Company, 1911 |
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Common terms and phrases
action agreement alleged exceptions amount Andrew Carney appeared asked assignment attorney authority Boston Elevated Railway cause charge claim clause common law Commonwealth construction contended contract corporation creditors damages death deceased decree deed defendant defendant's duty employer entitled equity evidence Exceptions overruled executor fact fendant filed fraud Goodnow HAMMOND held indictment indorsed injuries instructions interest intestate January jury keeri KNOWLTON land liability LORING Mass Massachusetts ment Mexican Central Railway MORTON motorman negligence November November 22 opinion owner paid parties passenger payment person petitioner plaintiff platform premises Present presiding judge Probate Court provision question Railroad reason received recover refused request RUGG rule SHELDON statute Street Railway Company Suffolk Sullivan Square superintendent Superior Court tending to show testator testified testimony thereof tion TORT town Town River track trial trustees verdict Writ
Popular passages
Page 199 - ... which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition; 2.
Page 596 - These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality; and the equal protection of the laws is a pledge of the protection of equal laws.
Page 229 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Page 59 - If at any time there shall be evidence of any lien or claim for which, if established, the Owner of the said premises might become liable, and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify him against such lien or claim.
Page 277 - This is an action to recover damages for personal injuries sustained by the plaintiff while in the employ of the defendant...
Page 584 - ... in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power, and had been bequeathed or devised by the donee by will; and whenever any person possessing such a power of appointment so derived shall omit or fail to exercise the same within the time provided therefor, in whole or in part, a disposition of property taxable under...
Page 647 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, the person so availing himself of his position will not be permitted to retain the advantage, although the transaction could not have been impeached if no such confidential relation...
Page 599 - ... one based upon some reasonable ground — some difference which bears a just and proper relation to the attempted classification — and is not a mere arbitrary selection': Gulf etc.
Page 199 - By reason of the negligence of any person in the service of the employer who has any superintendence entrusted to him whilst in the exercise of such superintendence...
Page 694 - ... corporation, shall be considered as a part of the ways, works or machinery of the corporation which uses or has it in possession, within the meaning of clause one of this section, whether it is owned by such corporation or by some other company or person. One or more cars which are in motion, whether attached to an engine or not, shall constitute a train within the meaning of clause...