The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 48Abraham Clark Freeman Bancroft-Whitney Company, 1896 - Law reports, digests, etc |
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Page 32
... owner of the goods or his agent . This latter defense , while the fault in- volved in it may consist merely of negligence imputable to the plaintiffs , is in no sense , and bears little analogy to , the defense of contributory ...
... owner of the goods or his agent . This latter defense , while the fault in- volved in it may consist merely of negligence imputable to the plaintiffs , is in no sense , and bears little analogy to , the defense of contributory ...
Page 54
... owner , for which he is entitled to compensation ? If the injury is not repaired , the owner suffers loss , and the company gets the land without making the compensation justly due , without paying the consideration upon which it was ...
... owner , for which he is entitled to compensation ? If the injury is not repaired , the owner suffers loss , and the company gets the land without making the compensation justly due , without paying the consideration upon which it was ...
Page 81
... owner of the soil , and in the two later cases , the coke was not mined on the land upon which it was manufactured . It seems to us that if , in the case where the 508 coal was mined on the land of the owner , he was exempt from damages ...
... owner of the soil , and in the two later cases , the coke was not mined on the land upon which it was manufactured . It seems to us that if , in the case where the 508 coal was mined on the land of the owner , he was exempt from damages ...
Page 82
... owner , except by his consent . The courts , and it was never intended to be understood otherwise , are not the " masons " to " chisel " away vested rights of property of private individuals , however humble and obscure the owner , for ...
... owner , except by his consent . The courts , and it was never intended to be understood otherwise , are not the " masons " to " chisel " away vested rights of property of private individuals , however humble and obscure the owner , for ...
Page 83
... owner : Tennessee Coal R. R. Co. v . Hamilton , 100 Ala , 252 ; 46 Am . St. Rep . 48 , and note . See , also , the extended note to Mississippi Mills Co. v . Smith , 30 Am . St. Rep . 551 . MINING DEBRIS - MEASURE OF DAMAGES . - In an ...
... owner : Tennessee Coal R. R. Co. v . Hamilton , 100 Ala , 252 ; 46 Am . St. Rep . 48 , and note . See , also , the extended note to Mississippi Mills Co. v . Smith , 30 Am . St. Rep . 551 . MINING DEBRIS - MEASURE OF DAMAGES . - In an ...
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Common terms and phrases
agent agreement alleged amount appellant appellee applied attorney authority bank bill cause of action charge cited claim common law condition constitution contract contributory negligence corporation court of equity creditors damages debt declaration deed defendant defendant's delivered demurrer dollars duty Elk River eminent domain entitled error estoppel evidence execution exempt extended note fact firm fraud ground guilty held indictment injury instruction intention interest Iowa judgment jurors jury land lease liability lien marriage ment mortgage negligence Osborn Brothers owner paid partner partnership party payment person plaintiff premises principle proof purchase purpose question R. R. Co real estate reasonable doubt received recover rendered residence rule statute stream street suit sustained tenant testator testimony therein thereof tion trial trust verdict void Western Union wife witness
Popular passages
Page 237 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Page 653 - Any county, city, school district or other municipal corporation, incurring any indebtedness as aforesaid, shall, before or at the time of doing so, provide for the collection of...
Page 927 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Page 760 - Whitford, all the rest, residue, and remainder of my estate, both real and personal, of what nature or kind soever, to have and to hold the same to him, his heirs, and assigns forever...
Page 375 - Starr, forty-five dollars, for value received with interest at the rate of eight per cent per annum from date, until paid...
Page 800 - it is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Page 729 - The general assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state, and enforce such laws by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchises.
Page 688 - In determining the value of land appropriated for public purposes, the same considerations are to be regarded as in a sale of property between private parties. The inquiry in such cases must be, what is the property worth in the market, viewed not merely with reference to the uses to which it is at the time applied, but with reference to the uses to which it is plainly adapted; that is to say, what is it worth from its availability for valuable uses.
Page 740 - Company a proof of loss, signed and sworn to by the insured, stating the knowledge and belief of the insured as to the following: the time and origin of the loss, the interest of the insured and of all others in the property...
Page 439 - ... we do not deem it necessary to enter into a discussion of the question...