The Revised Reports: Being a Republication of Such Cases in the English Courts of Common Law and Equity, from the Year 1785, as are Still of Practical Utility. 1785-1866, 149. köideFrederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead Sweet & Maxwell, limited, 1917 |
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Page 13
... LORD CHANCELLOR ( 11 ) : The question brought up by this appeal is represented to be one of great weight and importance both as regards the inhabitants of towns , and the owners of property upon whose soil a right such as that here in ...
... LORD CHANCELLOR ( 11 ) : The question brought up by this appeal is represented to be one of great weight and importance both as regards the inhabitants of towns , and the owners of property upon whose soil a right such as that here in ...
Page 20
... Sir Frederick Thesiger and Mr. Willes , for the appellants . Sir Fitzroy Kelly and Mr. Serjt . Byles ( Mr. Burnie with them ) , for the respondents . The argument is exhausted by the following opinions . THE LORD CHANCELLOR ( 1 ) : My Lords ...
... Sir Frederick Thesiger and Mr. Willes , for the appellants . Sir Fitzroy Kelly and Mr. Serjt . Byles ( Mr. Burnie with them ) , for the respondents . The argument is exhausted by the following opinions . THE LORD CHANCELLOR ( 1 ) : My Lords ...
Page 26
... Sir Fitzroy Kelly , and Mr. Patton , for the appellant ; the Dean of Faculty ( Inglis ) , and Mr. Rolt , for the respondents . THE LORD CHANCELLOR ( 3 ) : The appellant is proprietor of a mansion and park , called Blythswood , which is ...
... Sir Fitzroy Kelly , and Mr. Patton , for the appellant ; the Dean of Faculty ( Inglis ) , and Mr. Rolt , for the respondents . THE LORD CHANCELLOR ( 3 ) : The appellant is proprietor of a mansion and park , called Blythswood , which is ...
Page 29
... LORD CHANCELLOR ( 2 ) : Suppose a right of way from Hyde Park Corner to the Addison Road . It would not be necessary to prove that the Addison Road had been a public place for forty years . It would be enough to show that the way was ...
... LORD CHANCELLOR ( 2 ) : Suppose a right of way from Hyde Park Corner to the Addison Road . It would not be necessary to prove that the Addison Road had been a public place for forty years . It would be enough to show that the way was ...
Page 33
... LORD CHANCELLOR : It ought not to be void , if it be bene- ficial . I have doubts whether there is any real difference on this point between the civil law and the law of this country . And I also doubt whether Lord Eldon meant to ...
... LORD CHANCELLOR : It ought not to be void , if it be bene- ficial . I have doubts whether there is any real difference on this point between the civil law and the law of this country . And I also doubt whether Lord Eldon meant to ...
Contents
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Common terms and phrases
Act of Parliament action alleged appears appellant applied authority bill bound broker charge circumstances claim clause Clutton codicil compensation contract Court of Session Crown damage debt decision declaration deed defenders doubt Dundee East Looe entitled evidence executed executors fact favour fishing Fitzroy Kelly fraud funds GLASGOW grant ground held hospital House injury interest interlocutor judgment jury justice Kilmarnock and Troon L. J. Ch land law of Scotland learned friend learned Judge lease liable Lord Advocate LORD BROUGHAM LORD CHANCELLOR Lord COTTENHAM Lord CRANWORTH LORD ORDINARY Lordships Macq matter necessary noble and learned Nuisance Removal opinion owner paid parish parties payment persons plaintiff plea possession premises principle proceedings purchase purpose pursuer question Railway Company Ramsden reason referred rent respect respondents rule salmon-fishings shares Sir John statute suppose taken tenant testator thereof trustees verdict Vict words
Popular passages
Page 104 - ... when the party by his own contract creates a duty or charge upon himself he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 39 - And it is a rule of universal application, that no one, having such duties to discharge, shall be allowed to enter into engagements in which he has, or can have, a personal interest conflicting, or which possibly may conflict, with the interests of those whom he is bound to protect.
Page 801 - The seat of judicial authority is, indeed, locally here, in the belligerent country, according to the known law and practice of nations, but the law itself has no locality. It is the duty of the person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm...
Page 194 - Heritages, the same shall be taken to be the Rent at which One Year with another such Lands and Heritages might in their actual State be reasonably expected to let from Year to Year...
Page 454 - Provided always, that in the Exercise of the Powers by this or the special Act granted, the Company shall do as little Damage as can be, and shall make full Satisfaction in manner herein and in the special Act, and any Act incorporated therewith, provided, to all Parties interested, for all Damage by them sustained by reason of the Exercise of such Powers.
Page 32 - So strictly is this principle adhered to, that no question is allowed to be raised as to the fairness or unfairness of a contract so entered into.
Page 267 - Besides, it appears to us that the argument rests upon an assumed principle of responsibility which does not exist. The master, in the case supposed, is not exempt from liability because the servant has better means of providing for his safety when he is employed in immediate connection with those from whose negligence he might suffer, but because the implied contract of the master does not extend to Indemnify the servant against the negligence of any one but himself...
Page 169 - ... provided that all such tolls be at all times charged equally to all persons, and after the same rate, whether per ton per mile or otherwise, in respect of all passengers, and of all goods or carriages of the same description, and conveyed or propelled by a like carriage or engine, passing only over the same portion of the line of railway under the same circumstances...
Page 264 - The general rule resulting from considerations as well of justice as of policy is that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and, in legal presumption, the compensation is adjusted accordingly.
Page 572 - If a man, under a verbal agreement with a landlord for a certain interest in land, or, what amounts to the same thing, under an expectation, created or encouraged by the landlord, that he shall have a certain interest, takes possession of such land, with the consent of the landlord, and upon the faith of such promise or expectation...