Atlantic Reporter, Volume 52West Publishing Company, 1902 - Law reports, digests, etc |
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Page 5
... negligence of defendant , in that the engineer ( 1 ) blew the whistle at an improper place ; ( 2 ) that there was no necessity for blowing it at all ; ( 3 ) that it was blown so loudly , and smoke and steam emitted in such large volume ...
... negligence of defendant , in that the engineer ( 1 ) blew the whistle at an improper place ; ( 2 ) that there was no necessity for blowing it at all ; ( 3 ) that it was blown so loudly , and smoke and steam emitted in such large volume ...
Page 6
... negligence . He who alleges negli- gence must go further , and prove it . He must show that , an act in itself lawful , the commission of it either at the time , at the place , or in the manner , became unlawful . This is the substance ...
... negligence . He who alleges negli- gence must go further , and prove it . He must show that , an act in itself lawful , the commission of it either at the time , at the place , or in the manner , became unlawful . This is the substance ...
Page 32
... negligence in pushing the cars without warning against the one he was on , and thereby causing his injury . The defendant denied the alleged negligence , and further averred that under the act of April 4 , 1868 , plaintiff was a fellow ...
... negligence in pushing the cars without warning against the one he was on , and thereby causing his injury . The defendant denied the alleged negligence , and further averred that under the act of April 4 , 1868 , plaintiff was a fellow ...
Page 90
... NEGLIGENCE -EVIDENCE . 1. There is no evidence to go to the jury that a train was run at too high a speed at the crossing of a county road , the only testi- mony as to excessive speed being that of a passenger , who , after saying that ...
... NEGLIGENCE -EVIDENCE . 1. There is no evidence to go to the jury that a train was run at too high a speed at the crossing of a county road , the only testi- mony as to excessive speed being that of a passenger , who , after saying that ...
Page 91
... negligence in that respect ; and the case was reversed without a new venue . If but a scintilla , and not sufficient to justify a charge of negli- gence , why should the court submit it to the jury ? In this case we adopted the conclu ...
... negligence in that respect ; and the case was reversed without a new venue . If but a scintilla , and not sufficient to justify a charge of negli- gence , why should the court submit it to the jury ? In this case we adopted the conclu ...
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Common terms and phrases
action affirmed agreement alleged Appeal from court appellee assignment Bacon bill borough cause certiorari charge claim common pleas complainants Conn contract corporation counsel court of common court of equity Court of Pennsylvania creditors damages death deceased declaration decree deed defendant defendant's demurrer duty election entitled error evidence fact fendant filed held injury intent issue Jersey Jersey City judge judgment June June 16 June 9 jury land ment mortgage N. J. Err N. J. Law N. J. Sup negligence Neversink opinion ordinance paid pany parties payment Pennsylvania person petition plaintiff plaintiff in error premises purchase question Railroad reason recover replevin road Robert McCoy rule statute street suit Supreme Court testator testified testimony thereof tiff tion township trial trust verdict wife William Meyer witness words writ
Popular passages
Page 364 - In a civil court the death of a human being could not be complained of as an injury, and in this case the damages as to the plaintiff's wife must stop with the period of her existence.
Page 139 - In all elections for directors or managers of a corporation, each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates, as he may prefer.
Page 362 - That every such action shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused...
Page 80 - He was convicted by a jury but the court granted his motion for a new trial on the grounds that the verdict was against the weight of the evidence and certain instructions were contrary to the law.
Page 367 - The general rules are that the plaintiff in an action of ejectment must recover, if at all, on the strength of his own title, and not on the weakness of...
Page 139 - The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same...
Page 93 - ... injury upon the rights of the company owning the road which is intended to be crossed ; and if in the judgment of such court or such judge thereof it is reasonable and practicable to avoid a grade crossing, it shall by its process prevent a crossing at grade.
Page 305 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment.
Page 308 - No foreign stock corporation doing business in this state shall maintain any action in this state upon any contract made by it in this state unless prior to the making of such contract it shall have procured such certificate.
Page 141 - If this company shall claim that the fire was caused by the act or neglect of any person or corporation, private or municipal, this company shall, on payment of the loss, be subrogated to the extent of such payment to all right of recovery by the insured for the loss resulting therefrom, and such right shall be assigned to this company by the insured on receiving such payment.