The Southern Law Review, Volume 1Soule, Thomas & Wentworth, 1875 - Law |
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Page 40
... applied to Gen. De Trobriand . That gentleman may be every way honorable and respectable ; he may be thoroughly competent to deal with all those questions of law and constitutional right which sometimes perplex the minds of lawyers and ...
... applied to Gen. De Trobriand . That gentleman may be every way honorable and respectable ; he may be thoroughly competent to deal with all those questions of law and constitutional right which sometimes perplex the minds of lawyers and ...
Page 48
... applied alike to all causes and forms of action at law , even those in which save trouble and expense , Confusion enough results several claims of like na- the greatest latitude is allowed . Thus , although it 48 CHIEF JUSTICE WAITE ...
... applied alike to all causes and forms of action at law , even those in which save trouble and expense , Confusion enough results several claims of like na- the greatest latitude is allowed . Thus , although it 48 CHIEF JUSTICE WAITE ...
Page 62
... applied , but applied as equivalent to that of damage or no dam- age . The question raised was of the extent of the right of the defendant to the use of a small stream for purposes of ir- rigation . It was held that the defendant could ...
... applied , but applied as equivalent to that of damage or no dam- age . The question raised was of the extent of the right of the defendant to the use of a small stream for purposes of ir- rigation . It was held that the defendant could ...
Page 63
... applied the test of reason- able use where it was conceded that the plaintiff had suffered damage . In this case the defendant had brought water by an aqueduct , from the common stream to her house for domestic and culinary purposes ...
... applied the test of reason- able use where it was conceded that the plaintiff had suffered damage . In this case the defendant had brought water by an aqueduct , from the common stream to her house for domestic and culinary purposes ...
Page 66
... above ground . " * * These last and other remarks as to abstracting the wa- ter of surface streams appear to have been applied , by way of illustration , to certain water which the defendants had 66 OBSTRUCTING AND DIVERTING WATER .
... above ground . " * * These last and other remarks as to abstracting the wa- ter of surface streams appear to have been applied , by way of illustration , to certain water which the defendants had 66 OBSTRUCTING AND DIVERTING WATER .
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Popular passages
Page 745 - At the same time, the candid citizen must confess that if the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
Page 695 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 691 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 195 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government, all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws, of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, etc., are component parts of this mass.
Page 202 - There are limitations on such power which grow out of the essential nature of all free governments. Implied reservations of individual rights, without which the social compact could not exist, and which are respected by all governments entitled to the name.
Page 696 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter, for an injury for the same act or omission.
Page 694 - When the death of a person not being a minor, or when the death of a minor person who leaves surviving him either a husband or wife or child or children, is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Page 692 - ... then and in every such case, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 692 - PL 151, provides, in section 1, " that whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action, and recover damages in respect thereof...
Page 486 - THE REIGN OF QUEEN ELIZABETH ; to which are prefixed, Examples of earlier Proceedings in that Court from Richard II. to Elizabeth, from the originals in the Tower. Edited by JOHN BAYLEY, Esq. Vols. 2 and 3 (1830 — 1832), folio, boards, price 21s.