American Law Reports Annotated, 7. köideLawyers Co-operative Publishing Company, 1920 |
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Page 117
... jury that " negligence is the gist of this action . To find for the plaintiff , the jury must be satisfied from the evi- dence that the defendant negligently opened the floodgates of its dam , and that the raising of said floodgates ...
... jury that " negligence is the gist of this action . To find for the plaintiff , the jury must be satisfied from the evi- dence that the defendant negligently opened the floodgates of its dam , and that the raising of said floodgates ...
Page 133
... jury that if they believe from the testimony that an unprecedent- ed rainfall and flood , which could not have been reasonably anticipat- ed by an ordinarily cautious person , was the efficient cause , the one cause that necessarily set ...
... jury that if they believe from the testimony that an unprecedent- ed rainfall and flood , which could not have been reasonably anticipat- ed by an ordinarily cautious person , was the efficient cause , the one cause that necessarily set ...
Page 134
... jury . Adams v . Young , 44 Ohio St. 80 , 58 Am . Rep . 789 , 4 N. E. 599 . The court of appeals also held that the court erred in the following portion of its general charge , name- ly : " It is not material for you to determine ...
... jury . Adams v . Young , 44 Ohio St. 80 , 58 Am . Rep . 789 , 4 N. E. 599 . The court of appeals also held that the court erred in the following portion of its general charge , name- ly : " It is not material for you to determine ...
Page 135
... jury has been once informed as to the meaning of a legal or technical word or phrase , it is not necessary to repeat the definition or explanation in the same or other instructions . Where a term has been once intelligently and ...
... jury has been once informed as to the meaning of a legal or technical word or phrase , it is not necessary to repeat the definition or explanation in the same or other instructions . Where a term has been once intelligently and ...
Page 136
... jury as follows : " If you believe from the evidence , beyond a reasonable doubt , that the defendant , with deadly weapons , as same have herein before been defined to you , in a sudden trans- port of passion , aroused without ade ...
... jury as follows : " If you believe from the evidence , beyond a reasonable doubt , that the defendant , with deadly weapons , as same have herein before been defined to you , in a sudden trans- port of passion , aroused without ade ...
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Common terms and phrases
accident action adjudication admissible affiant affidavit affirmed agent or attorney alleged amount appeared appellant appellee Asso authority Bank bill building cause charge claim complaint confession contract corporation cost court held creditors dealers deed defendant defendant's dence effect employee entitled evidence facts fendant furnish guardian guardian ad litem husband incapacity injury inquisition insane insured Iowa jobbers judgment jury knowledge land liable lunacy manufacturer Mass ment N. Y. Supp negligence non est factum notice Okla opinion owner pari delicto party person petition plaintiff plaintiff in error pleading presumption promissory note purchaser purpose question quired reason recover retail rule sell Stat street sufficient supra tank cars testator testimony therein thereof tiff tion trial trust verified wife
Popular passages
Page 60 - That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Page 53 - Belief [Venue] , being duly sworn, deposes and says that he is the plaintiff in the within entitled action, that he has read the foregoing complaint and knows the contents thereof; and that the same is true of his own knowledge, except as to matters therein stated to be alleged on information and belief and as to those matters he believes it to be true.
Page 463 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 48 - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 523 - The judiciary can only arrest the execution of a statute when it conflicts with the Constitution. It cannot run a race of opinions upon points of right, reason, and expediency with the lawmaking power.
Page 326 - The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate; "6.
Page 281 - ... the measure of damages is the difference in the value of the land before and after the cutting or destruction complained of: Argotsinger v.
Page 615 - Parliament, or of letters patent; and no company, association, or partnership consisting of more than twenty persons shall be formed, after the commencement of this Act, for the purpose of carrying on any other business that has for its object the acquisition of gain by the company, association, or partnership, or by the individual members thereof, unless it is registered...
Page 521 - No law passed by the Legislature, except the General Appropriation Act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted...
Page 528 - The veto power of the governor shall not extend to measures referred to the people. All elections on measures referred to the people of the state shall be had at the biennial regular general elections, except when the legislative assembly shall order a special election.