The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, 49권Bancroft-Whitney, 1885 |
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4 페이지
... taken . Besides the burden of proof rested upon the plaintiff to prove a payment made at the express or implied request of the defendant . The production of the note would be evidence tending to prove an implied request , it being in ...
... taken . Besides the burden of proof rested upon the plaintiff to prove a payment made at the express or implied request of the defendant . The production of the note would be evidence tending to prove an implied request , it being in ...
6 페이지
... Holyoke , ubi supra . It is not necessary to consider what steps might be taken if the bailor should seek to intervene to protect his interest . Exceptions overruled . Pierce v . Drew . PIERCE V. DREW . Eminent 6 MASSACHUSETTS ,
... Holyoke , ubi supra . It is not necessary to consider what steps might be taken if the bailor should seek to intervene to protect his interest . Exceptions overruled . Pierce v . Drew . PIERCE V. DREW . Eminent 6 MASSACHUSETTS ,
8 페이지
... taken is a public use , is not necessarily con- clusive ; but if the use be public , it is conclusive that the necessity exists which requires it to be taken . Talbot v . Hudson , 16 Gray , 417. While in some cases there may be ...
... taken is a public use , is not necessarily con- clusive ; but if the use be public , it is conclusive that the necessity exists which requires it to be taken . Talbot v . Hudson , 16 Gray , 417. While in some cases there may be ...
11 페이지
... taken from the owner and appro- priated to the public . It is a temporary privilege only which is conferred ; no right is acquired as against the owner of the fee by its enjoyment , nor is any legal right acquired to the continued en ...
... taken from the owner and appro- priated to the public . It is a temporary privilege only which is conferred ; no right is acquired as against the owner of the fee by its enjoyment , nor is any legal right acquired to the continued en ...
12 페이지
... taken for a highway , that which was taken was not merely the privilege of travelling over it in the then known vehicles , or of using it in the then known methods , for either the conveyance of property or transmission of intelligence ...
... taken for a highway , that which was taken was not merely the privilege of travelling over it in the then known vehicles , or of using it in the then known methods , for either the conveyance of property or transmission of intelligence ...
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action affirmed agent agreement alleged amount answer appear appellant appellee applied authority Bank cars cause charge church circumstances cited City claim common condition consideration considered Constitution construction contract corporation court damages decision defendant delivered determine duty effect error established evidence executed exercise existence facts give given ground held highway hold indictment injury Insurance intention interest issue judge judgment jury justice land liable limited Mass matter means nature necessary negligence notice objection opinion owner paid parties pass payment Penn person plaintiff possession present principle proper purchase question Railroad Company reason received recover reference relation rendered result rule says statute street sufficient supra sustained taken thing tion train trial true witness
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179 페이지 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
562 페이지 - But no person shall hold the office of Justice or Judge of any court longer than until and including the last day of December next, after he shall be seventy years of age.
302 페이지 - 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; • • • and persons and property are subjected to all kinds of restraints and burdens. In order to secure the general comfort, health, and prosperity of the state; of the perfect right in the legislature to do which no question ever was, or, upon acknowledged general principles, ever can be, made, so far as natural persons...
740 페이지 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
695 페이지 - If a guardian, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages.
691 페이지 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
73 페이지 - A pardon is a deed, to the validity of which delivery is essential ; and delivery is not complete without acceptance. It may then be rejected by the person to whom it is tendered ; and if it be rejected, we have discovered no power in a court to force it on him.
400 페이지 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
133 페이지 - whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
709 페이지 - ... with intent to influence his act, vote, opinion, decision or judgment on any matter, question, cause or proceeding which may be then pending, or may by law come or be brought before him in his official capacity...