Reports of Cases Decided in the Supreme Court of the State of Indiana, المجلد 170Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May Wm. B. Burford, 1908 " With tables of cases reported and cited, and statutes cited and construed, and an index." (varies) |
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الصفحة 3
... appellant . Ellsworth E. Weir , Arthur Irwin , Frank W. Koraleski and Royal W. Irwin , for appellee . MONTGOMERY , J. - This is a common - law action for negli- gence involving the relation of master and servant . It is averred , among ...
... appellant . Ellsworth E. Weir , Arthur Irwin , Frank W. Koraleski and Royal W. Irwin , for appellee . MONTGOMERY , J. - This is a common - law action for negli- gence involving the relation of master and servant . It is averred , among ...
الصفحة 4
... appellant answered by general denial . A trial by jury resulted in a verdict for appellee , and with its general verdict the jury returned answers to numerous in- terrogatories . Appellant's motion for judgment upon the answers of the ...
... appellant answered by general denial . A trial by jury resulted in a verdict for appellee , and with its general verdict the jury returned answers to numerous in- terrogatories . Appellant's motion for judgment upon the answers of the ...
الصفحة 5
... appellant was a corporation owning and operating a plant for the manufacture of railroad cars at Michigan City . Ap- pellee was thirty years of age , and possessed of good eyesight and hearing . He had been employed as a miner in ...
... appellant was a corporation owning and operating a plant for the manufacture of railroad cars at Michigan City . Ap- pellee was thirty years of age , and possessed of good eyesight and hearing . He had been employed as a miner in ...
الصفحة 6
... appellant ; but appellee was not fairly familiar with the general situa- tion of that part of appellant's plant known as Sixth street . Appellant owned and operated in the conduct of its business four small locomotive engines , known as ...
... appellant ; but appellee was not fairly familiar with the general situa- tion of that part of appellant's plant known as Sixth street . Appellant owned and operated in the conduct of its business four small locomotive engines , known as ...
الصفحة 8
... appellant's plant , and Romel or Taylor should have preceded the locomotive as it passed along the track going east at the time appellee was injured . The second paragraph of complaint charged appellant with negligence in knowingly ...
... appellant's plant , and Romel or Taylor should have preceded the locomotive as it passed along the track going east at the time appellee was injured . The second paragraph of complaint charged appellant with negligence in knowingly ...
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عبارات ومصطلحات مألوفة
action Advisory Board affirmed alleged amended answer appellant appellant's appellee appellee's assessment authority averred board of commissioners Burns cause charge Chicago Circuit Court cited city of Auburn claim claimant Cleveland common council complaint Constitution Construction Company contract contributory negligence corporation counsel creditors Crystal Water damages December 18 defective defendant demurrer drainage duty Elkhart eminent domain employes Ency engine error estoppel evidence ex rel facts filed Harrison township highway Indiana Indianapolis Indianapolis Water Co injury instructions interrogatories James Bingham Judge judgment jurisdiction jury land lant's legislature light liquors matter ment Miami county motion negligence ordinance overruled pany paragraph party Pennsylvania Co person petition petitioners plaintiff pleading proceeding question railroad company railway company reason remonstrance road rule Section statute street sufficient supra sustained therein thereof thereto tion town township track trial trustees verdict Wayne writ
مقاطع مشهورة
الصفحة 129 - Every act shall embrace but one subject, and matters properly connected therewith ; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
الصفحة 415 - The General Assembly shall not pass local or special laws in any of the following enumerated cases...
الصفحة 554 - ... made in writing, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized.
الصفحة 554 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
الصفحة 221 - ... a presumption of negligence on the part of the company usually arises from proof of such facts, in the absence of anything to the contrary, and the burden is then cast upon the company to show that its negligence did not cause the injury.
الصفحة 88 - In every case involving actionable negligence, there are necessarily three elements necessary to its existence : 1. The existence of a duty on the part of the defendant to protect the plaintiff from the injury of which he complains. 2. A failure by the defendant to perform that duty. 3. An injury to the plaintiff from such failure of the defendant. When these elements are brought together, they unitedly constitute actionable negligence. The absence of any one of these elements renders a complaint...
الصفحة 396 - An act authorizing the construction of railroads upon Indian lands," passed May 12, 1836; 4. To lay out its road not exceeding six rods in width, and to construct the same; and for the purpose of cuttings and embankments, to take as much more land as may be necessary for the proper construction and security of the road...
الصفحة 676 - Act of 1919 would be to deprive her of her property without due process of law contrary to the Constitution of the United States.
الصفحة 210 - Or, in other words, the company has the burden of proving, in order to rebut the presumption of negligence, under the circumstances, that the accident could not have been avoided by the exercise of the highest degree of practical care and diligence.
الصفحة 289 - ... with the view of excepting to the decision of the court upon the questions of law involved in the trial ; in which case the court shall state in writing the conclusions of fact found, separately from the conclusions of law.