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action Alabama alleged amount appear apply assessment assignment authority averment Bank benefit bill bonds building cause charge charter cited in note City Council claim Code complainant condition constitution construction contract contributory corporation court damages debt decree deed defect defendant duty effect election enforce entitled equity evidence executed exercise existence fact failure filed foreclose foreclosure gage given grant ground Held improvement injury intention interest issue judgment jury land liable lien limits material ment Mobile mort mortgage mortgagor municipal Nature necessary negligence notice officers operate ordinance owner paid party payment person plaintiff possession premises present proceedings proper providing purchaser question reasonable received record recover redeem redemption rendered rents rule secure statute street subsequent sufficient suit thereof tion town trial trust unless valid
467 페이지 - When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer...
305 페이지 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
586 페이지 - In every case involving actionable negligence, there are necessarily three elements necessary to its existence : 1. The existence of a duty on the part of the defendant to protect the plaintiff from the injury of which he complains. 2. A failure by the defendant to perform that duty. 3. An injury to the plaintiff from such failure of the defendant. When these elements are brought together, they unitedly constitute actionable negligence. The absence of any one of these elements renders a complaint...
305 페이지 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the legislature should be intended to mean what they have plainly expressed, and consequently no room is. left for construction.
555 페이지 - 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.
106 페이지 - Hanks, for which a license has issued, now if there be no lawful cause to obstruct the said marriage, then this obligation to be void, else to remain in full force and virtue in law.
142 페이지 - No foreign corporation shall do any business in this State without having at least one known place of business and an authorized agent or agents therein, and without filing with the Secretary of State a certified copy of its articles of incorporation or association.
603 페이지 - A presumption of negligence from the simple occurrence of an accident seldom arises, except where the accident proceeds from an act of such a character that, when due care is taken in its performance, no injury ordinarily ensues from it in similar cases, or where it is caused by the mismanagement or misconstruction of a thing over which the defendant has immediate control, and for the management or construction of which he is responsible.
301 페이지 - The number, nature, and duration of the powers conferred upon these corporations and the territory over which they shall be exercised rests in the absolute discretion of the state. Neither their charters, nor any law conferring governmental powers, or vesting in them property to be used for governmental purposes, or authorizing them to hold or manage such property, or exempting them from taxation upon it, constitutes a contract with the state within the meaning of the 1'ederal Constitution.
582 페이지 - The truth is the decision in Thorogood v. Bryan rests upon indefensible ground. The identification of the passenger with the negligent driver or the owner, without his personal co-operation or encouragement, is a gratuitous assumption. There is no such identity. The parties are not in the same position. The owner of a public conveyance is a carrier, and the driver or the person managing it is his servant. Neither of them is the servant of the passenger, and his asserted identity with them is contradicted...