Reports of Cases Decided in the Supreme Court of the State of Indiana, Том 170Indiana. 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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Страница 18
... effect a dis- missal of the petition . The phraseology of the act of 1905 , supra , differs notice- ably from that of the act of 1885 , supra , but since , in our opinion , the county cannot be regarded as a " landowner , " it will not ...
... effect a dis- missal of the petition . The phraseology of the act of 1905 , supra , differs notice- ably from that of the act of 1885 , supra , but since , in our opinion , the county cannot be regarded as a " landowner , " it will not ...
Страница 28
... effect of the answers as a whole . Those called in question we quote : " Q. Was it not the duty of the engineer in charge of the engine pushing the cars at the time of the accident to obey the signals and directions of the plaintiff ? A ...
... effect of the answers as a whole . Those called in question we quote : " Q. Was it not the duty of the engineer in charge of the engine pushing the cars at the time of the accident to obey the signals and directions of the plaintiff ? A ...
Страница 35
... effect a coupling was to cause the moving car to be stopped until the necessary ad- justment of the coupling could be made . He had both knowledge of the hazard and the authority to make the safe way available , and having , with his ...
... effect a coupling was to cause the moving car to be stopped until the necessary ad- justment of the coupling could be made . He had both knowledge of the hazard and the authority to make the safe way available , and having , with his ...
Страница 47
... effect are 3. not infrequently found in the cases , but it appears clear to us that in thus speaking the courts have re- ferred to partnerships as legal entities merely as a term of accommodation , where there was under consideration ...
... effect are 3. not infrequently found in the cases , but it appears clear to us that in thus speaking the courts have re- ferred to partnerships as legal entities merely as a term of accommodation , where there was under consideration ...
Страница 51
... effect that : It appears from the deed offered in evidence that soon after the plaintiff filed the instrument of appropriation , and before the ap- pointment of appraisers , Aaron Dukes and wife conveyed to the defendant the Ft . Wayne ...
... effect that : It appears from the deed offered in evidence that soon after the plaintiff filed the instrument of appropriation , and before the ap- pointment of appraisers , Aaron Dukes and wife conveyed to the defendant the Ft . Wayne ...
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action Advisory Board affirmed alleged amended answer appellant appellant's appellee appellee's assessment authority averred board of commissioners Burns cause charge Chicago Circuit Court cited city of Auburn claim claimant Cleveland common council complaint Constitution Construction Company contract contributory negligence corporation counsel creditors Crystal Water damages December 18 defective defendant demurrer drainage duty Elkhart eminent domain employes Ency engine error estoppel evidence ex rel facts filed Harrison township highway Indiana Indianapolis Indianapolis Water Co injury instructions interrogatories James Bingham Judge judgment jurisdiction jury land lant's legislature light liquors matter ment Miami county motion negligence ordinance overruled pany paragraph party Pennsylvania Co person petition petitioners plaintiff pleading proceeding question railroad company railway company reason remonstrance road rule Section statute street sufficient supra sustained therein thereof thereto tion town township track trial trustees verdict Wayne writ
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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 415 - The General Assembly shall not pass local or special laws in any of the following enumerated cases...
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.
Страница 289 - ... with the view of excepting to the decision of the court upon the questions of law involved in the trial ; in which case the court shall state in writing the conclusions of fact found, separately from the conclusions of law.