Reports of Cases Decided in the Supreme Court of the State of Indiana, Том 170
Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May
Wm. B. Burford, 1908
" With tables of cases reported and cited, and statutes cited and construed, and an index." (varies)
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action affirmed alleged amended answer appellant appellant's appellee application appropriation assessment authority benefit Burns cause charge Chicago Circuit Court cited claim Cleveland commissioners common complaint condition considered Constitution construction contract corporation council counsel court crossing damages defendant demurrer duty effect employed engine error evidence ex rel exceptions exercise facts filed finding follows further give given ground held highway hold improvement Indiana injury instructions issue Judge judgment jury knowledge land light matter ment motion necessary negligence notice objection operation overruled paragraph party pass perform person petition plaintiff pleading presented proceeding proper question railroad railroad company reason received record reference relator road rule shown statute street sufficient supra sustained thereof tion town township track trial witness
Страница 129 - Every act shall embrace but one subject, and matters properly connected therewith ; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Страница 554 - ... made in writing, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized.
Страница 554 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Страница 221 - ... a presumption of negligence on the part of the company usually arises from proof of such facts, in the absence of anything to the contrary, and the burden is then cast upon the company to show that its negligence did not cause the injury.
Страница 88 - 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...
Страница 396 - An act authorizing the construction of railroads upon Indian lands," passed May 12, 1836; 4. To lay out its road not exceeding six rods in width, and to construct the same; and for the purpose of cuttings and embankments, to take as much more land as may be necessary for the proper construction and security of the road...
Страница 676 - Act of 1919 would be to deprive her of her property without due process of law contrary to the Constitution of the United States.
Страница 210 - Or, in other words, the company has the burden of proving, in order to rebut the presumption of negligence, under the circumstances, that the accident could not have been avoided by the exercise of the highest degree of practical care and diligence.