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 95
... contract ; and he is bound by the terms of such contract , whether he knows thereof or not ; and his right of action for damages for the carrier's negligence may be entirely defeated by such contract . p . 100 . 7. STATUTES ...
... contract ; and he is bound by the terms of such contract , whether he knows thereof or not ; and his right of action for damages for the carrier's negligence may be entirely defeated by such contract . p . 100 . 7. STATUTES ...
الصفحة 97
... contract entered into by said show company and the defendant on August 26 , 1902 , in effect , so far as ma- terial here , as follows : The defendant , in consideration of the sum of $ 75 , agrees to furnish a conductor , engineer and ...
... contract entered into by said show company and the defendant on August 26 , 1902 , in effect , so far as ma- terial here , as follows : The defendant , in consideration of the sum of $ 75 , agrees to furnish a conductor , engineer and ...
الصفحة 100
... contract for relief against the negligence of himself or employes . A private carrier is one who does not engage in the busi- ness of carrying , or does not hold himself out to carry cer- tain kinds or classes of property . He is one ...
... contract for relief against the negligence of himself or employes . A private carrier is one who does not engage in the busi- ness of carrying , or does not hold himself out to carry cer- tain kinds or classes of property . He is one ...
الصفحة 101
... contract relieving appellant from any liability for its negligence . To this it is suggested with greater force that the decedent was not a party to any contract , with ap- pellant for his carriage . He had made no effort to procure ...
... contract relieving appellant from any liability for its negligence . To this it is suggested with greater force that the decedent was not a party to any contract , with ap- pellant for his carriage . He had made no effort to procure ...
الصفحة 102
... contract between it and the express company , whereby the express company agreed " to assume all risk of loss or damage that may arise out of or result from its operation under this agreement , " and " to save and hold harmless " the ...
... contract between it and the express company , whereby the express company agreed " to assume all risk of loss or damage that may arise out of or result from its operation under this agreement , " and " to save and hold harmless " the ...
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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.