Reports of Cases Argued and Determined in the Supreme Court of Rhode Island, Том 23
E. L. Freeman Company, State Printers, 1902
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action advances adverse possession agreed agreement alleged allowed amount appears application authority bill building cars cause charge claim Common complainant constitution contract corporation court damages debt decision decree defendant defendant's demurrer Division duty effect election entered entitled equity evidence exceptions executor facts filed follows further give given granted ground Heard held hence injury intention interest issue judge judgment jury justice land liable loss lots matter ment mortgage necessary negligence notice opinion owner paid parties passed payment person petition petitioner plaintiff Pleas possession PRESENT proceedings purchase question reason received record referred refused relation respondent Rogers rule statute Stiness street sufficient suit sustained taken testimony thereof Tillinghast tion town trial trust verdict
Страница 170 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been...
Страница 571 - ... stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given, the verdict, such defect, imperfection or omission is cured by the verdict.
Страница 496 - In every indictment for wilful and corrupt perjury it shall be sufficient to set forth the substance of the offence charged. upon the defendant, and by what court, or before whom, the oath was taken, (averring such court or person to have competent authority to administer the same...
Страница 154 - Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences, not of danger, but of negligence ; and the unbending test of negligence in methods, machinery, and appliances is the ordinary usage of the business. No man is held by law to a higher degree of skill than the fair average of his profession or trade, and the standard of due care is the conduct of the average prudent man.
Страница 29 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Страница 113 - ... or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall...
Страница 302 - The Fourteenth Amendment does not profess to secure to all persons in the United States the benefit of the same laws and the same remedies. Great diversities in these respects may exist in two States separated only by an imaginary line. On one side of this line there may be a right of trial by jury, and on the other side no such right. Each State prescribes its own modes of judicial proceeding.
Страница 516 - State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Страница 38 - ... the loss shall not become payable until sixty days after the notice, ascertainment, estimate, and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers, when appraisal has been required.
Страница 392 - Secretary, are, it is true, judicial in their nature. For judgment and discretion must be exercised by both of them. But it is nothing more than the power ordinarily given by law to a commissioner appointed to adjust claims to lands or money under a treaty \ or special powers to inquire into or decide any other particular class of controversies in which the public or individuals may be concerned. A power of this description may constitutionally be conferred on a Secretary as well as on a commissioner....