Lawyers' Reports Annotated, Libro 58Lawyers' Co-operative Publishing Company, 1903 |
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Términos y frases comunes
abutting accretions action alleged alluvion appellant appellee assessment Asso authority Bank benefit building cause charge charter Chicago claim Constitution construction contract contributory negligence County court damages deceased defendant defendant's discharge Dist district drain drainage duty eminent domain employee entitled evidence ex rel exercise fact grant held Henry Baldwin injury Iowa James Baldwin joint tort feasors judgment jury land legislature liable Mass ment Minn municipal corporation N. J. Eq N. Y. Supp negligence nolle prosequi nuisance Ohio St opinion P. R. Co party payment person plaintiff plaintiff in error purpose question railroad reason recover release replevin river rule satisfaction sewer statute stream street suit superintendence Teleg testator thereof tion toll bridge track witnesses
Pasajes populares
Página 402 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Página 366 - For all other corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes; but such taxes shall be uniform in respect to persons and property, within the jurisdiction of the body imposing the same.
Página 156 - No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
Página 34 - By reason of the negligence of any person in the service of the employer intrusted with and exercising superintendence whose sole or principal duty is that of superintendence...
Página 376 - Property shall be assessed for taxes under general laws, and by uniform rules, according to its true value.
Página 131 - ... the contributory negligence of the party injured will not defeat the action, if it be shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the injured party's negligence.
Página 402 - But when there is no intermediate efficient cause, the original wrong must be considered as reaching to the effect, and proximate to it. The inquiry must, therefore, always 26—65 KAN. Railway Co. v. Columbia. be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.
Página 280 - These laws are general and uniform, not because they operate upon every person in the state, for they do not, but because every person who is brought within the relation and circumstances provided for is affected by the law.
Página 133 - The burden rested upon the plaintiff to prove by a preponderance of the evidence that the negligence of the defendant was the proximate cause of the decedent's injury.
Página 280 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.