United States Circuit Courts of Appeals Reports: With Key-number Annotations ... V. 1-171 [1891-1919].West, 1904 - Appellate courts |
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Page 4
... rule as fol- lows : " While it cannot be justly affirmed , as we believe , as a matter of law , that there is a duty to stop in all cases , yet there are cases where the fail- ure to stop must be deemed such a breach of duty as will ...
... rule as fol- lows : " While it cannot be justly affirmed , as we believe , as a matter of law , that there is a duty to stop in all cases , yet there are cases where the fail- ure to stop must be deemed such a breach of duty as will ...
Page 21
... rule that , where physical facts show that plaintiff did not observe the precautions of looking and listening , the verdict must be for defendant , notwithstanding plaintiff's testimony that he did look and listen , had no application ...
... rule that , where physical facts show that plaintiff did not observe the precautions of looking and listening , the verdict must be for defendant , notwithstanding plaintiff's testimony that he did look and listen , had no application ...
Page 39
... rule of law to restrict a railroad company as to the curve it shall use in its freight depots and yards , where the safety of pas- sengers and the public is not involved ; much less that it should be left to the varied and uncertain ...
... rule of law to restrict a railroad company as to the curve it shall use in its freight depots and yards , where the safety of pas- sengers and the public is not involved ; much less that it should be left to the varied and uncertain ...
Page 40
... rule applicable to the one case inap- plicable to the other . The training and knowledge of an engineer is not needed to enable one to understand the action of water in rushing down a gully or similar waterway , nor to know , if an ob ...
... rule applicable to the one case inap- plicable to the other . The training and knowledge of an engineer is not needed to enable one to understand the action of water in rushing down a gully or similar waterway , nor to know , if an ob ...
Page 42
... rule in this respect charges an employé with knowledge of defects , except with regard to such appliances or instruments as he is engaged himself in using , we think it sufficient to say that the law does not , under any circumstances ...
... rule in this respect charges an employé with knowledge of defects , except with regard to such appliances or instruments as he is engaged himself in using , we think it sufficient to say that the law does not , under any circumstances ...
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Common terms and phrases
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Popular passages
Page 302 - ... the party of the first part to the party of the second part...
Page 701 - In obeying and construing these rules due regard shall be had to all dangers of navigation and collision, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger.
Page 303 - Morris 0" lode may be issued to the party of the second part. "For and in consideration of the covenants hereinbefore set forth, to be performed by the party of the first part...
Page 600 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Page 445 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Page 156 - When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses...
Page 485 - Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within /the amendment.
Page 156 - That, though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the legislature.
Page 630 - The debts to have priority, except as herein provided and to be paid in full out of bankrupt estates, and the order of payment shall be (1) the actual and the necessary cost of preserving the estate subsequent to filing the petition...
Page 497 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...