The Northeastern Reporter, Volume 64West Publishing Company, 1902 - Law reports, digests, etc |
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Page 9
... sustained by her by rea- son thereof , including damages for fright and mental suffering , though there was no unlaw- ful touching of her body , and no direct phys- ical injury . Appeal from circuit court , Jasper county ; John S. Lairy ...
... sustained by her by rea- son thereof , including damages for fright and mental suffering , though there was no unlaw- ful touching of her body , and no direct phys- ical injury . Appeal from circuit court , Jasper county ; John S. Lairy ...
Page 10
sustain a civil action . " As said by Gilchrist , C. J. , in Beach v . Hancock , 27 N. H. 223 , 229 , 59 Am . Dec. 373 : " One ... sustained , comes too late , and is not available as a basis for an exception . Appeal from circuit court ...
sustain a civil action . " As said by Gilchrist , C. J. , in Beach v . Hancock , 27 N. H. 223 , 229 , 59 Am . Dec. 373 : " One ... sustained , comes too late , and is not available as a basis for an exception . Appeal from circuit court ...
Page 11
... sustained , to re- serve an exception to the ruling on the ques- tion . " In the present case the question was asked by counsel for appellant , counsel for appellees objected to the question , the court sustained the objection , and ...
... sustained , to re- serve an exception to the ruling on the ques- tion . " In the present case the question was asked by counsel for appellant , counsel for appellees objected to the question , the court sustained the objection , and ...
Page 16
... sustained by sufficient evi dence . The questions arising under the facts in this case , and , in truth , the only ones dis- cussed by the parties , are : ( 1 ) Were the legal voters of Lawrence township ( appellees here- in ) entitled ...
... sustained by sufficient evi dence . The questions arising under the facts in this case , and , in truth , the only ones dis- cussed by the parties , are : ( 1 ) Were the legal voters of Lawrence township ( appellees here- in ) entitled ...
Page 90
... sustained . The agreed state- ment of the parties discloses the following facts : John Christman died intestate in La Porte county , Ind . , on November 2 , 1896 , leaving as his heirs at law appellee , his wid- ow , and five children ...
... sustained . The agreed state- ment of the parties discloses the following facts : John Christman died intestate in La Porte county , Ind . , on November 2 , 1896 , leaving as his heirs at law appellee , his wid- ow , and five children ...
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Common terms and phrases
action alleged amount answer appellate court appellee assessment attorney authority avers bank bill cause Chicago circuit court claim complaint contract Cook county corporation court of equity damages deceased decree deed defendant defendant's demurrer duty Eldred entitled evidence execution facts fendant filed granted heirs held injury interest issue John John Hart Judge June 19 jury land Lawrence township liable Lushey Marion county ment mortgage motion negligence Ohio Ohio St overruled owner paid party passenger payment pellant Peoria county person petition plaintiff in error possession premises purpose question railroad Railroad Co real estate reason record recover refused remonstrance rendered rule statute street suit supra Supreme Court sustained testator testified testimony thereof tiff tion township tract trial court trust verdict ward witness
Popular passages
Page 331 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the insured unless so written or attached.
Page 415 - The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?
Page 331 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto^ and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 415 - If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the Constitution; if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty.
Page 172 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Page 415 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution, or conformably...
Page 165 - Exemplary or punitive damages, being awarded, not by way of compensation to the sufferer, but by way of punishment of the offender, and as a warning to others, can only be awarded against one who has participated in the offense. A principal, therefore, though of course liable to make compensation for injuries done by his agent within the scope of his employment, cannot be held liable for exemplary or punitive damages, merely by reason of wanton, oppressive, or malicious intent on the part of the...
Page 95 - Admissions, whether of law or of fact, which have been acted upon by others, are conclusive against the party making them, in all cases between him and the person whose conduct he has thus influenced.
Page 117 - The verdict waff- for the sum of $1,625 in favor of the plaintiff. A motion for a new trial was overruled, and a bill of exceptions, containing all the evidence, duly made part of the record.
Page 75 - It shall not be lawful to take on board of any steamer a greater number of passengers than is stated in the certificate of inspection ; and for every violation of this provision the master or owner shall be liable, to any person suing for the same, to forfeit the amount of passage money and ten dollars for each passenger beyond the number allowed.