The American and English Railroad Cases: A Collection of All the Railroad Cases in the Courts of Last Resort in America and EnglandLawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson Edward Thompson Company, 1884 Covers cases decided [1879?]-1895. |
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Страница 23
... trial by jury . The right to a trial by jury is a great constitutional right , and it is only in exceptional cases , and for specified causes , that a party may be deprived of it . " In the 49th N. Y. 373 , Allerton v . Belden , it was ...
... trial by jury . The right to a trial by jury is a great constitutional right , and it is only in exceptional cases , and for specified causes , that a party may be deprived of it . " In the 49th N. Y. 373 , Allerton v . Belden , it was ...
Страница 38
... trial , could not be raised upon appeal . The principle contended for was clearly ap- plied in the above case . If the plaintiff is entitled to recover the money of the defendant , contract rescinded or not , no tender or offer to ...
... trial , could not be raised upon appeal . The principle contended for was clearly ap- plied in the above case . If the plaintiff is entitled to recover the money of the defendant , contract rescinded or not , no tender or offer to ...
Страница 47
... trials and paying the costs of a previous trial with the absolute assurance of a no better result , the New York Co. might have been delayed in the assertion of its rights for months , if not for years , so as to have given the ...
... trials and paying the costs of a previous trial with the absolute assurance of a no better result , the New York Co. might have been delayed in the assertion of its rights for months , if not for years , so as to have given the ...
Страница 48
... trial my own opinion must conform . Although we may imagine a great many things in con- nection with this matter , yet unless our deductions are supported by some evidence , they cannot form the foundation of a legal judgment . There ...
... trial my own opinion must conform . Although we may imagine a great many things in con- nection with this matter , yet unless our deductions are supported by some evidence , they cannot form the foundation of a legal judgment . There ...
Страница 99
... Trial in this court , before W. Allen , J. , who reported the case for the deter- mination of the full court , in substance as follows : The plaintiff offered evidence tending to show the following facts : In October , 1878 , one James ...
... Trial in this court , before W. Allen , J. , who reported the case for the deter- mination of the full court , in substance as follows : The plaintiff offered evidence tending to show the following facts : In October , 1878 , one James ...
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Страница 277 - Insufficiency of the evidence to justify the verdict or other decision, or that it is against law; 7. Error in law, occurring at the trial and excepted to by the party making the application.
Страница 338 - By reason of the act or omission of any person in the service of the employer done or made in obedience to the rules or byelaws of the employer, or in obedience to particular instructions given by any person delegated with the authority of the employer in that behalf...
Страница 589 - That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, or making any irrevocable grant of special privileges, franchises or immunities, shall be passed by the general assembly.
Страница 641 - States, it shall appear to the satisfaction of the said district court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction...
Страница 355 - Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.
Страница 477 - A rule nisi was subsequently obtained by the defendant to set aside the verdict and enter a nonsuit on the ground that there was no evidence of negligence, and no evidence to show that anything in the nature of a trap existed.
Страница 132 - Annexed to the declaration was an account of goods sold to Moore. The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court, on appeal, on an agreed statement of facts in substance as follows: The...
Страница 329 - An action for relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud.
Страница 70 - It may sometimes happen that the terms on which a trustee has dealt or attempted to deal with the estate or interests of those for whom he is a trustee, have been as good as could have been obtained from any other person — they may even at the time have been better. But still so inflexible is the rule that no inquiry on that subject is permitted. The English authorities on this head are numerous and uniform.
Страница 335 - 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...