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 41
... claim that the car should have been stopped , it strikes me that that is an academic , rather than a practical , view of the question . As was pertinently stated by one of the witnesses in this case , " you can't run a rail- road that ...
... claim that the car should have been stopped , it strikes me that that is an academic , rather than a practical , view of the question . As was pertinently stated by one of the witnesses in this case , " you can't run a rail- road that ...
الصفحة 51
... claim for damages , by deed or otherwise . Subsequent to the admission of appellee railway company as a party there was a change of venue to the Kosciusko Circuit Court , wherein appellee filed exceptions to the ap- praisers ' report ...
... claim for damages , by deed or otherwise . Subsequent to the admission of appellee railway company as a party there was a change of venue to the Kosciusko Circuit Court , wherein appellee filed exceptions to the ap- praisers ' report ...
الصفحة 52
... claim against the cor- poration for full compensation for all damages that should result to his land by reason of the taking and the construc- tion of the railroad ; and such claim , being for a money demand for a taking and injury to ...
... claim against the cor- poration for full compensation for all damages that should result to his land by reason of the taking and the construc- tion of the railroad ; and such claim , being for a money demand for a taking and injury to ...
الصفحة 59
... claim for damages , in the nature of a chose in action , that will not pass to a subsequent grantee of the land under his deed , without an express stipulation or assignment of the claim . In Indiana , etc. , R. Co. v . Allen ( 1885 ) ...
... claim for damages , in the nature of a chose in action , that will not pass to a subsequent grantee of the land under his deed , without an express stipulation or assignment of the claim . In Indiana , etc. , R. Co. v . Allen ( 1885 ) ...
الصفحة 60
... claim damages , if he has , at the time , parted with nothing ? As observed by the supreme court of Pennsylvania in effect : Until there has been an actual appropriation , neither the corpora- tion nor the landowner can apply for the ...
... claim damages , if he has , at the time , parted with nothing ? As observed by the supreme court of Pennsylvania in effect : Until there has been an actual appropriation , neither the corpora- tion nor the landowner can apply for the ...
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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.