Massachusetts Reports, Volume 125H.O. Houghton and Company, 1879 - Law reports, digests, etc |
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Results 1-5 of 84
Page 44
... defendant was duly chosen assignee on February 16 , 1874. The plaintiff also offered evidence tending to prove a demand upon the defendant before the date of the writ . The judge ruled that the evidence was not sufficient to prove a ...
... defendant was duly chosen assignee on February 16 , 1874. The plaintiff also offered evidence tending to prove a demand upon the defendant before the date of the writ . The judge ruled that the evidence was not sufficient to prove a ...
Page 56
... defendant and in its exclusive control . The judge ruled that the facts offered to be proved by the defendant would not constitute a defence to the action , and that the facts proved were sufficient to maintain the action ; and ordered ...
... defendant and in its exclusive control . The judge ruled that the facts offered to be proved by the defendant would not constitute a defence to the action , and that the facts proved were sufficient to maintain the action ; and ordered ...
Page 57
... defendant and under its exclusive control , could not affect the measure of the defendant's liability to the plaintiff . Exceptions overruled . ROBERT L. COOK vs. UNION RAILWAY COMPANY . Suffolk . March 22. - July 18 , 1878. AMES ...
... defendant and under its exclusive control , could not affect the measure of the defendant's liability to the plaintiff . Exceptions overruled . ROBERT L. COOK vs. UNION RAILWAY COMPANY . Suffolk . March 22. - July 18 , 1878. AMES ...
Page 58
... defendant's horse rail- road . At the place of the injury , a branch railroad , belonging to the Boston and Albany Railroad Company , crosses Cambridge Street with a double track at grade , with a continuous rail , which crosses and ...
... defendant's horse rail- road . At the place of the injury , a branch railroad , belonging to the Boston and Albany Railroad Company , crosses Cambridge Street with a double track at grade , with a continuous rail , which crosses and ...
Page 59
... defendant's horse - cars to pass from its rails over the rail of the steam railroad with as little jolting as possible . The thick part of the defendant's rail projected above the level of the top of the adjacent rail of the steam ...
... defendant's horse - cars to pass from its rails over the rail of the steam railroad with as little jolting as possible . The thick part of the defendant's rail projected above the level of the top of the adjacent rail of the steam ...
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Common terms and phrases
absent action agreement alleged exceptions Allen amount appeared assignment attached authority bank bill of exceptions bond Boston Boxford certificate charge chose in action claim Commonwealth Company contended contract corporation count court of equity creditor Cush damages debt debtor declaration decree deed defendant defendant's easement ENDICOTT entitled Ephraim Foster equity evidence tending Exceptions overruled execution executor fact fendant fraud George W Gray held highway Hinckley husband injury instructed the jury intent judgment July 29 K. P. Gleason lease liable LORD March 29 Mass ment mortgage Mountford officer owner paid parties payment person petitioners plaintiff premises promissory note purchase purpose question rail Railroad real estate received recover rent replevin returned a verdict Rogers Salisbury Mills shares sold statute Suffolk suit Superior Court tending to show testator testified thereof tiff tion tort town trial trust writ
Popular passages
Page 415 - In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.
Page 240 - 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.
Page 463 - The high contracting parties engage to consider the result of the proceedings of the tribunal of arbitration and of the board of assessors, should such board be appointed, as a full, perfect, and final settlement of all the claims hereinbefore referred to; and further engage that every such claim, whether the same may or may not have been presented to the notice of, made, preferred, or laid before the tribunal or board shall, from and after the conclusion of the proceedings of the tribunal or board,...
Page 190 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been...
Page 303 - No owner of any vessel shall be liable to answer for or make good to any person any loss or damage which may happen to any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel, by reason or by means of any fire happening to or on board the vessel, unless such fire is caused by the design or neglect of such owner.
Page 408 - Act, for the doing of any act, or for any other purpose, the same shall be reckoned, in the absence of any expression to the contrary, exclusive of the first and inclusive of the last day...
Page 463 - Alabama claims. And whereas Her Britannic Majesty has authorized her High Commissioners and Plenipotentiaries to express in a friendly spirit the regret felt by Her Majesty's Government for the escape, under whatever circumstances, of the Alabama and other vessels from British ports, and for the depredations committed by those vessels.
Page 360 - Payment well and truly to be made, we bind ourselves, and each of us, our, and each of our Heirs, Executors and Administrators jointly and severally, firmly by these Presents.
Page 601 - ... which hope we have as an anchor of the soul both sure and steadfast, and which entereth into that within the veil...
Page 200 - J., who allowed a bill of exceptions in substance as follows : The defendant...