Reports of Cases Argued and Determined in the Supreme Court of Ohio, New Series, Том 88Robert Clark, 1914 |
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Страница 4
... plaintiff in error . It may be said that this question involves a con- sideration of the evidence , and by the provisions of Section 12253 , General Code , this court is not required to determine the weight of the evidence , and will ...
... plaintiff in error . It may be said that this question involves a con- sideration of the evidence , and by the provisions of Section 12253 , General Code , this court is not required to determine the weight of the evidence , and will ...
Страница 25
... plaintiff in error is that Tribbey was not acting within the scope of his employ- ment . It was incumbent upon the plaintiff below to establish , by a preponderance of the evidence , that he was acting within the scope of his employ ...
... plaintiff in error is that Tribbey was not acting within the scope of his employ- ment . It was incumbent upon the plaintiff below to establish , by a preponderance of the evidence , that he was acting within the scope of his employ ...
Страница 26
... plaintiff below ? The ownership of the automobile was established , and it was shown that Tribbey was operating the same at the time of the accident and that he was an employe of the company . Is it to be inferred from these facts that ...
... plaintiff below ? The ownership of the automobile was established , and it was shown that Tribbey was operating the same at the time of the accident and that he was an employe of the company . Is it to be inferred from these facts that ...
Страница 32
... plaintiff's evidence , should have been sustained . Plaintiff's case was not strengthened by the evidence offered on the part of defendant . The general sales manager of the company , who em- ployed Tribbey , testified that Tribbey's ...
... plaintiff's evidence , should have been sustained . Plaintiff's case was not strengthened by the evidence offered on the part of defendant . The general sales manager of the company , who em- ployed Tribbey , testified that Tribbey's ...
Страница 34
... plaintiff was injured , presents a jury issue if there is some evidence tending to prove every essential fact necessary to entitle plaintiff to recover ; and an order of the trial judge at the close of the plaintiff's case directing a ...
... plaintiff was injured , presents a jury issue if there is some evidence tending to prove every essential fact necessary to entitle plaintiff to recover ; and an order of the trial judge at the close of the plaintiff's case directing a ...
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Admr adopted agent amount Article XVIII assembly assignee auditor authority automobile Avenue Trust Company Bank board of education bonding companies charter Cincinnati circuit court city of Cincinnati city of Cleveland claim Cleveland Code collateral Commissioners common pleas court Concurring Opinion Constitution 1912 construction contract counsel Darke county defendant in error Deposit Company depositary Dissenting Opinion district electors Euclid Avenue Trust evidence ex rel Ezra Baker fact Fidelity & Deposit Fouts grant Hamilton county ipal issue Judge judgment legislative legislature levy limitation Lucas County Lynch ment municipal corporations municipal officers National Surety Company negligence nominations Ohio St operation ordinance party petition plaintiff in error police primary elections prosecuting attorney provided by law provisions of Section public moneys purpose question railroad company Railway reason Revised Statutes securities self-government SHAUCK signal Statement supreme court syllabus taxes thereof tion Toledo trial by jury Tribbey verdict villages
Популарни одломци
Страница 272 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Страница 272 - If this company shall claim that the fire was caused by the act or neglect of any person or corporation, private or municipal, this company shall, on payment of the loss, be subrogated to the extent of such payment to all right of recovery by the insured for the loss resulting therefrom, and such right shall be assigned to this company by the insured on receiving such payment.
Страница 133 - Who also hath made us able ministers of the new testament; not of the letter, but of the spirit: for the letter killeth, but the spirit giveth life.
Страница 146 - In addition to the above limited power to contract debts, the State may contract debts to repel invasion, suppress insurrection, or defend the State in war; but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever.
Страница 377 - Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.
Страница 505 - ... together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof.
Страница 39 - ... the trial by jury ever has been, and I trust ever will be, looked upon as the glory of the English law. And if it has so great an advantage over others in regulating civil property, how much must that advantage be heightened when it is applied to criminal cases...
Страница 332 - This is a prohibition to the courts of the United States to re-examine any facts tried by a jury in any other manner. The only modes known to the common law to re-examine such facts are the granting of a new trial by the court where the issue was tried, or to which the record was properly returnable, or the award of a cenire facias de novo by an appellate court, for some error of law which intervened in the proceedings.
Страница 277 - This entire policy shall be void if, whether before or after a loss, the insured has wilfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof...
Страница 276 - Insurance is a contract upon speculation. The special facts, upon which the contingent chance is to * be computed, lie most commonly in the knowledge of the insured only : the underwriter trusts to his representation, and proceeds upon confidence that he does not keep back any circumstance in his knowledge, to mislead the underwriter into a belief that the circumstance does not exist, and to induce him to estimate the risk as if it did not exist.