Extra Annotations to English Ruling Cases, Volume 1

Lawyers Co-operative Publishing Company, 1916
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Passagens conhecidas

Página 258 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Página 423 - The principle of equity that where one of two innocent persons must suffer by the act of a third, he who has enabled such third person to cause the loss must bear it, is entirely too broad in its scope to be invoked in this character of action.
Página 311 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there Is literally no evidence, but whether there Is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Página 554 - The title to the church property of a divided congregation is in that part of it which is acting in harmony with its own law; and the ecclesiastical laws, usages, and principles which were accepted among them before the dispute began are the standard for determining which party is right.
Página 233 - Provided that, Where a bill has been materially altered, but the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, and may enforce payment of it according to its original tenor.
Página 667 - Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 US 373, 31 S.Ct.
Página 140 - What facts, and whether particular facts, constitute probable cause, is a question exclusively for the court. What facts exist in a particular case, where there is a dispute in reference to them, is a question exclusively for the jury. When the facts are in...
Página 667 - If its necessary effect is only incidentally or indirectly to restrict that competition while its chief result is to foster the trade and increase the business of those who make and operate it, it does not violate that law.
Página 545 - But in such case the class must be capable of delimitation, as "brothers and sisters," "children," "issue," "nephews and nieces." A bequest giving the executor authority to distribute his property "among his relatives and for benevolent objects in such sums as in their judgment shall be for the best" was sustained upon evidence within the will that by "relatives...
Página 542 - I give to my executors, to be divided by them among such Roman Catholic charities, institutions, schools or churches in the city of New York, as a majority of my executrix and executors shall decide, and in such proportion as they may think proper.