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action Affirmed agent agreed alleged allowed amount answer appeal applied assignment authority brief cause cause of action certificates charge Chicago circuit court claim complaint conclusion condition consideration considered contract corporation costs counsel creditors damages death deceased decision deed defect defendant direct effect entered entitled error evidence execution existence fact favor feet finding firm follows further give given ground held hold injury instruction interest issue John Judge judgment jury land loss lumber March matter ment mortgage negligence notice officers opinion oral argument paid partnership party payment person plaintiff present proper purchase question reason received record recover relatives rendered respondent result reversed rule secure statute street taken thereof timber tion tort town train trial verdict witness
Страница 142 - ... and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Страница 23 - Appellant also contends that the court erred in refusing to instruct the jury that if respondent exceeded the scope of his invitation he became a trespasser.
Страница 368 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Страница 495 - Negligence of the company's employes in these particulars was no excuse for negligence on her part. She was bound to listen and to look, before attempting to cross the railroad track, in order to avoid an approaching train, and not to walk carelessly into the place of possible danger. Had she used her senses, she could not have failed both to hear and to see the train which was coming.
Страница 79 - ... prepare, approve, and adopt a printed form in blank of a contract or policy of fire insurance, together with such provisions, agreements or conditions as may be indorsed thereon or added thereto and form a part of such contract or policy; and such form shall, as near as the same can be made applicable, conform to the type and form of the New York standard fire insurance policy, so called and known ; provided, however, that five days...
Страница 252 - A large number of exceptions were taken to various portions of the charge to the jury, and to the refusal of the court to give certain instructions requested by the defendant.
Страница 671 - ... the judgment of a court of exclusive jurisdiction, directly upon the point, is, in like manner, conclusive upon the same matter, between the same parties, coming incidentally in question in another court, for a different purpose. But neither the judgment of a concurrent or exclusive jurisdiction is evidence, of any matter which came collaterally in question, though within their jurisdiction ; nor of any matter incidentally cognizable ; nor, of any matter to be inferred by argument from the judgment.
Страница 695 - ... to the satisfaction of the jury, by a preponderance of the evidence; and a reasonable doubt of the defendant's sanity, raised by all the evidence, does not authorize an acquittal.