Lawyers' Reports Annotated, Volume 4Lawyers' Co-operative Publishing Company, 1906 |
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Common terms and phrases
action agent alleged appellant appellee applied Asso authority Bank breach carrier cause certiorari chap charge Chicago claim coal constitute contract corporation court court of equity covenant Crim damages deceased deed defendant defendant's duty eminent domain employee encumbrances entitled estoppel evidence exemption fact fendant forfeiture head heirs held homestead homestead exemption husband injury Iowa judgment jury killing land lease liable loan manslaughter Mass master ment Minn N. Y. Supp negligence notice opinion ordinance owner P. R. Co pany party passenger payment person plaintiff plaintiff in error premises providing purchase question railroad company railway company reason recover rule rule in Shelley's servant Stat statute street supra Teleg testator tion train U. S. App widow wife Willow Springs
Popular passages
Page 355 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 296 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 494 - The test to determine whether one who renders service to another does so as a contractor or not is to ascertain whether he renders the service in the course of an independent occupation, representing the will of his employer only as to the result of his work, and not as to the means by which it is accomplished.
Page 239 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 253 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence. And whether the consideration for such transportation be pecuniary, or otherwise, the personal safety of the passengers should not be left to the sport of chance or the negligence of careless agents. Any negligence in such cotes may well deserve the epithet of "gross.
Page 229 - Policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the insured unless so written or attached.
Page 288 - No suit or action on this policy, for the recovery of any claim, shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements nor unless commenced within twelve months next after the fire.
Page 229 - This entire policy, unless- otherwise provided by agreement indorsed hereon or added hereto, shall be void if the interest of the insured in the property be not truly stated herein, or if the interest of the insured be other than unconditional and sole ownership...
Page 226 - Employers' liability for injuries. — When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer...
Page 286 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...