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action affirmed agent agreed alleged amount answer appellant appellee application authority cause Cent charge circuit court claim Constitution construction contract corporation court crossing damages danger deed defendant defendant's directed duty effect error evidence executed fact feet filed further give given ground hand held injury instruction interest issue Judge judgment jurisdiction jury justice land liability Louis March matter ment motion negligence notice objection officers opinion owner paid parties payment person petition plain plaintiff present proceeding prohibition proper purchase question railroad reason received record recover relators respondent reversed road rule sold statute street sufficient suit testified testimony thereof tion track train trial wife witness writ
Página 382 - This company shall not be liable for loss caused directly or indirectly by invasion, insurrection, riot, civil war or commotion, or military or usurped power, or by order of any civil authority ; or by theft ; or by neglect of the insured to use all reasonable means to save and preserve the property at and after a fire, or when the property is endangered by fire in neighboring premises...
Página 62 - No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that purpose...
Página 308 - A proposal to accept, or an acceptance, upon terms varying from those offered, is a rejection of the offer...
Página 346 - No person duly authorized to practice physic or surgery shall be allowed to disclose any information which he may have acquired in attending any patient in his professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him as a surgeon: Prnrldcd, however.
Página 10 - Ex dolo malo non oritur actio,' is limited by no such qualification. The proposition to the contrary strikes us as hardly worthy of serious refutation. Whenever the illegality appears, whether the evidence comes from one side or the other, the disclosure is fatal to the case. No consent of the defendant can neutralize its effect. A stipulation in the most solemn form to waive the objection would be tainted with the vice of the original contract. and void for the same reasons. Wherever the contamination...
Página vii - A brief of the argument, exhibiting a clear statement of the points of law or fact to be discussed, with a reference to the pages of the record and the authorities relied upon in support of each point.
Página 363 - Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences, not of danger, but of negligence; and the unbending test of negligence in methods, machinery, and appliances is the ordinary usage of the business.
Página 363 - ... no jury can be permitted to say that the usual and ordinary way, commonly adopted by those in the same business, is a negligent way for which liability shall be imposed.
Página 307 - It is an undeniable principle of the law of contracts that an offer of a bargain by one person to another imposes no obligation upon the former until it is accepted by the latter, according to the terms in which the offer is made.
Página 119 - 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.