Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont: Reported by the Judges of Said Court, Agreeably to a Statute Law of the State, Volume 77 |
Other editions - View all
Common terms and phrases
action admissible affiant affidavits agent alleged appear ash tree assumpsit attorney Bank bill cause chancery charge Chittenden County chloroform claimed common carrier conspiracy contract county court court of chancery court of equity damages declaration decree defendant excepted defendant's demurrer dence error evidence tended fact false fendant fraud HASELTON held Hoosick Falls husband illegal insanity intoxicating liquor issue judgment jurisdiction jury justice land lease liability license Martel ment mortgage motion MUNSON O. L. Hinds October Term officer Opinion filed orator orator's paid parties person petition petitioner plaintiff Plea possession premises presiding prisoner procured prosecution provisions purpose question reason recover referred respondent Rogers ROWELL rule Rutland Rutland County Sargood sell statute tended to show testified testimony thereof tion told town trespass Trial by jury trover TYLER verdict Vermont WATSON wife Windsor County witness writ
Popular passages
Page 414 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto, and no officer, agent or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement hereon or
Page 414 - Company shall have power to waive any provision or condition of this Policy except such as by the terms of this 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...
Page 343 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 338 - ... sometimes by considering the cause and necessity of making the act, sometimes by comparing one part of the act with another, and sometimes by foreign circumstances.
Page 359 - That it is not just and reasonable in the eye of the law for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants.
Page 115 - The guaranty of the equal protection of the laws means the protection of equal laws. It forbids class legislation, but does not forbid classification which rests upon reasonable grounds of distinction. It does not prohibit legislation, which is limited either in the objects to which it is directed or by the territory within which it is to operate. ' It merely requires that all persons subject to such legislation shall be treated alike under like circumstances and conditions both in the privileges...
Page 357 - This analysis of the opinion in Railroad Co. v. Lockwood shows that it affirms and rests upon the doctrine that an express stipulation by any common carrier for hire, in a contract of carriage, that he shall be exempt from liability for losses caused by the negligence of himself or his servants, is unreasonable and contrary to public policy, and consequently void.
Page 115 - That must always rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification is proposed, and can never be made arbitrarily and without any such basis.
Page 356 - ... to pass free to Albany, [but declaring that the acceptance of the pass was to be considered a waiver of all claims for damages or injuries received on the train] . The agreement stated its consideration to be the carrying of the plaintiff's cattle at less than tariff rates.
Page 353 - ... valuation of the property carried, with the rate of freight based on the condition that the carrier assumes liability only to the extent of the agreed valuation, even in case of loss or damage by the negligence of the carrier, the contract will be upheld as a proper and lawful mode of securing a due proportion between the amount for which the carrier may be responsible and the freight he receives, and of protecting himself against extravagant and fanciful valuations.