Albany Law Journal, Том 40Weed, Parsons & Company, 1890 |
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Страница 8
... circumstances under which he raised the coal relieved him I think from the charge of being a felonious or even willful trespasser in the ordinary sense of the term . At the same time it would be equally unjust to charge him only with ...
... circumstances under which he raised the coal relieved him I think from the charge of being a felonious or even willful trespasser in the ordinary sense of the term . At the same time it would be equally unjust to charge him only with ...
Страница 32
... circumstances ; and that any stipulation by which they undertake to relieve themselves from this duty , or to restrict their liability for its non - per- formance , is forbidden by the demands of sound pub- lic policy ; and that to hold ...
... circumstances ; and that any stipulation by which they undertake to relieve themselves from this duty , or to restrict their liability for its non - per- formance , is forbidden by the demands of sound pub- lic policy ; and that to hold ...
Страница 38
... circumstances , there was evidence that his act was done in the course of his business as a servant of the defendant . If it was so done , the de- fendant is liable for it , even though it was in excess of his authority , and wrongful ...
... circumstances , there was evidence that his act was done in the course of his business as a servant of the defendant . If it was so done , the de- fendant is liable for it , even though it was in excess of his authority , and wrongful ...
Страница 43
... circumstances , be held to be deprived of compensation for his land . ' Kittell Indiana , in a late and well - considered opinion , an- v . Railroad Co. , 56 Vt . 109. The Supreme Court of nounces the same rule . Railway Co. v . Smith ...
... circumstances , be held to be deprived of compensation for his land . ' Kittell Indiana , in a late and well - considered opinion , an- v . Railroad Co. , 56 Vt . 109. The Supreme Court of nounces the same rule . Railway Co. v . Smith ...
Страница 45
... circumstances of the case , and to be determined upon the rule of com- predicated upon the terms of the special contract con- The second matter of defense set up in the answer , tained in the printed blanks of the company need not tween ...
... circumstances of the case , and to be determined upon the rule of com- predicated upon the terms of the special contract con- The second matter of defense set up in the answer , tained in the printed blanks of the company need not tween ...
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affirmed agent alleged appear appellant applied authority Bank bigamy cause of action charge cited civil Civil Procedure claim Code common law Constitution contract conviction corporation counsel court of equity creditors crime criminal damages David Dudley Field death debt decision declared defendant defendant's discharge duty evidence execution executor fact fendant fraud ground habeas corpus held husband indictment injury intention judge judgment judicial jurisdiction jury justice land lawyers legislative Legislature liable licensed to deal Lord mens rea ment negligence offense opinion owner party payment person plaintiff present principle prosecution punishment purpose question Railroad Railroad Co reason recover respondent rule set-off statement statute street supra Supreme Court telegraph testator testimony thing tion trial trial by jury trust United usury void wife witness words York
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Страница 277 - 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 defendant that the accident arose from want of care.
Страница 158 - EACH branch of the legislature, as well as the governor and Council, shall have authority to require the opinions of the justices of the Supreme Judicial Court, upon important questions of law, and upon solemn occasions.
Страница 234 - Every such action shall be brought by and In the names of the personal representatives of such deceased person, and the amount recovered In every such action shall be for the exclusive benefit of the widow and next of kin...
Страница 33 - That all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any Court of Law or Equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the bands of any person to abide the event on which any wager shall have been made...
Страница 332 - That every such action shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused...
Страница 112 - That there shall be no establishment of any one religious sect in this province in preference to another ; and that no protestant inhabitant of this colony shall be denied the enjoyment of any civil right, merely on account of his religious principles...
Страница 65 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Страница 348 - No one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime.
Страница 227 - For it is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.
Страница 266 - Suppose one believed that human sacrifices were a necessary part of religious worship, would it be seriously contended that the civil government under which he lived could not interfere to prevent a sacrifice? Or if a wife religiously believed it was her duty to burn herself upon the funeral pile of her dead husband, would it be beyond the power of the civil government to prevent her carrying her belief into practice?