Reports of Cases Argued and Determined in the Supreme Court of Rhode Island, Том 23E. L. Freeman Company, State Printers, 1902 |
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Страница 12
... says : Whether it is expedient to discontinue a highway is a question for legislative decision , and when the authority to discontinue is delegated to local officers , and no restrictions 12 [ 23 ATTORNEY - GENERAL v . SHEPARD .
... says : Whether it is expedient to discontinue a highway is a question for legislative decision , and when the authority to discontinue is delegated to local officers , and no restrictions 12 [ 23 ATTORNEY - GENERAL v . SHEPARD .
Страница 13
... decision was rendered was materially different from the one under which the board of aldermen acted in this case . Upon the facts alleged in the information and exhibits , therefore , we decide that said Comfort street was legally ...
... decision was rendered was materially different from the one under which the board of aldermen acted in this case . Upon the facts alleged in the information and exhibits , therefore , we decide that said Comfort street was legally ...
Страница 24
... decision for the plaintiff , Hahn claimed a jury trial in the Common Pleas Division of this court , without joining his co - defendant . Under our statutes this operates as an appeal . The case was dismissed for want of joinder in the ...
... decision for the plaintiff , Hahn claimed a jury trial in the Common Pleas Division of this court , without joining his co - defendant . Under our statutes this operates as an appeal . The case was dismissed for want of joinder in the ...
Страница 25
... decision against joint defendants a claim for a jury trial by one , not in the name of all , is void . The opinion reviews similar cases previously decided by this court to the same effect . Those cases rest upon the ground that as the ...
... decision against joint defendants a claim for a jury trial by one , not in the name of all , is void . The opinion reviews similar cases previously decided by this court to the same effect . Those cases rest upon the ground that as the ...
Страница 27
... decision of Mr. Justice Rogers , for the reasons assigned by him in said decision , which is adopted as the opinion of the court . ROGERS , J. DECISION . The plaintiffs , who are copartners under the firm name of the Phetteplace Olive ...
... decision of Mr. Justice Rogers , for the reasons assigned by him in said decision , which is adopted as the opinion of the court . ROGERS , J. DECISION . The plaintiffs , who are copartners under the firm name of the Phetteplace Olive ...
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action adverse possession aforesaid alleged amendment amount appears application ASSUMPSIT Benjamin Allen board of aldermen cars cause Central Falls chapter charge claim clause commissioners Common Pleas Division complainant contract corporation creditor damages debt decision declaration decree deed defendant defendant's demurrer duty election entitled evidence executor facts filed garnishee given granted ground Heard held hence highway indictment injury intention interest interpleader intestate issue judgment jury trial justice land Laws cap Laws R. I. cap lease letters testamentary liable lien lots lots 20 matter ment mortgage negligence opinion owner paid Paris green parties Pawtucket payment person petition petitioner plaintiff plat pleaded premises Probate Court purchase question railroad reason refused respondent resulting trust Rhode Island rule statute Stiness street suit sustained testator testimony thereof thereto Tillinghast and Rogers tion town trespass trust verdict writ
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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....