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action administrator affirmed alleged amended applied authority bank cause charge claim Clairsville Cleveland Code common pleas conclusion condition consideration Constitution construction contract corporations counsel court of appeals court of common decision defendant determine direct Dissenting Opinion district duty effect emergency entered evidence ex rel exercise existence fact favor filed fixed follows further given grant ground guilty held hold HOUGH improvement included injury issue JOHNSON JONES Judge judgment jurisdiction jury language legislative legislature limited majority MARSHALL matter MATTHIAS ment motion municipality necessary negligence Ohio St operation Opinion parties passed performance person petition plaintiff in error present principle proceeding prosecuting provisions question railroad reads reason record reference relator rendered reversed ROBINSON rule Section Statement statute street telephone thereof tion verdict village WANAMAKER
Page 538 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Page 52 - A reply having been filed to these defenses, the cause was tried to a jury, which returned a verdict for the plaintiff in the sum of five thousand dollars, the full amount of the policy.
Page 74 - Actions at law or suits in equity may be brought by and against such carriers and judgments rendered as now provided by law; and in any action at law or suit in equity against the carrier, no defense shall be made thereto upon the ground that the carrier is an instrumentality or agent of the federal government.
Page 392 - Upon an indictment for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the crime.
Page 561 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties ; to be free to use them in all lawful ways ; to live and work where he will ; to e-arn his livelihood by any lawful calling ; to pursue any livelihood or avocation...
Page 266 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence ; where these are wanting, the court is passive, and does nothing.
Page 75 - Railroads, claim for death or injury to person, or for loss and damage to property, arising since December 31, 1917, and growing out of the possession, use, control or operation of any railroad or system of transportation by the Director General of Railroads...
Page 171 - A party shall not testify when the adverse party is the guardian or trustee of either a deaf and dumb or an insane person, or of a child of a deceased person...
Page 502 - There is no doubt that the general principle is favored both in law and justice, that every man may fix what price he pleases upon his own property, or the use of it ; but if, for a particular purpose, the public have a right to resort to his premises and make use of them, and he have a monopoly in them for that purpose, if he will take the benefit of that mouoply, he must, as an equivalent, perform the duty attached to it on reasonable terms.