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 5
... street and running thence west through its plant and upon said street , and north of said track was situated a coal bin or storage , to and from which appellant ran coal - cars about every other day . Appellee was injured at a point ...
... street and running thence west through its plant and upon said street , and north of said track was situated a coal bin or storage , to and from which appellant ran coal - cars about every other day . Appellee was injured at a point ...
Страница 6
... street was sixty feet wide between the buildings . During the time appellee had worked for appel- lant piles of iron had stood east of said coal bin and north of the railroad track , and at the time appellee was injured five or more ...
... street was sixty feet wide between the buildings . During the time appellee had worked for appel- lant piles of iron had stood east of said coal bin and north of the railroad track , and at the time appellee was injured five or more ...
Страница 7
... street south of the track , and the most westerly pile on the north side of the track was four feet four inches therefrom and about twelve feet six inches high , the next pile was four feet two inches therefrom and ten inches high , the ...
... street south of the track , and the most westerly pile on the north side of the track was four feet four inches therefrom and about twelve feet six inches high , the next pile was four feet two inches therefrom and ten inches high , the ...
Страница 18
... street therein not named in the petition , which will be affected by such drainage . " §5624 Burns 1905 , Acts 1905 , p . 456 , §3 . The same section pro- vides : " If two - thirds of the landowners affected , as shown by such ...
... street therein not named in the petition , which will be affected by such drainage . " §5624 Burns 1905 , Acts 1905 , p . 456 , §3 . The same section pro- vides : " If two - thirds of the landowners affected , as shown by such ...
Страница 19
... street or public grounds , or for other benefit to such corporation , shall be paid out of the general funds of such township , city or town , as the case may be ; and the provisions of the next section as to the issue of drainage bonds ...
... street or public grounds , or for other benefit to such corporation , shall be paid out of the general funds of such township , city or town , as the case may be ; and the provisions of the next section as to the issue of drainage bonds ...
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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
Популарни одломци
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.