The Manitoba Reports: Containing Reports of Cases Decided in the Court of the King's Bench and Court of Appeal for Manitoba, 29. köideLaw Society of Manitoba, 1920 Vols. 1-15 contain reports of King's Bench cases only. |
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Results 1-5 of 70
Page 2
... allowed . E. K. Williams for plaintiffs , appellants . W. Boston Towers for the defendant , respondent , cited Campbell v . McKinnon , ( 1859 ) 18 U.C.Q.B. 612 ; McRobbie v . Torrence , ( 1888 ) 5 M.R. 114 ; Dominion Bank v . Wig- gins ...
... allowed . E. K. Williams for plaintiffs , appellants . W. Boston Towers for the defendant , respondent , cited Campbell v . McKinnon , ( 1859 ) 18 U.C.Q.B. 612 ; McRobbie v . Torrence , ( 1888 ) 5 M.R. 114 ; Dominion Bank v . Wig- gins ...
Page 10
... allowed . FULLERTON , J.A. , ( dissenting ) . This action came before the learned trial Judge by way of a stated case . O'Grady , Anderson & Co. , Ltd. , sold fifty shares of the stock of the Gas Traction Co. to the defendant for the ...
... allowed . FULLERTON , J.A. , ( dissenting ) . This action came before the learned trial Judge by way of a stated case . O'Grady , Anderson & Co. , Ltd. , sold fifty shares of the stock of the Gas Traction Co. to the defendant for the ...
Page 16
... allowed with costs . COURT OF APPEAL . PROWSE V. C.N.R. Before CAMERON , HAGGART and FULLERTON , JJ.A. Railway - Railway Act , R.S.C. 1906 , c . 37 , ss . 254 , 294 , 295- Animals killed by train - Negligence of owner - Gates in fence ...
... allowed with costs . COURT OF APPEAL . PROWSE V. C.N.R. Before CAMERON , HAGGART and FULLERTON , JJ.A. Railway - Railway Act , R.S.C. 1906 , c . 37 , ss . 254 , 294 , 295- Animals killed by train - Negligence of owner - Gates in fence ...
Page 21
... allowed a foreign appeal to operate as a bar to the action : Pigott on Foreign Judgments , p . 78 ; 6 Hals . 282 ; Scott v . Pilkington , 2 B. & S. 11 , 121 E.R. 978. The same law prevails in the United States where it is generally held ...
... allowed a foreign appeal to operate as a bar to the action : Pigott on Foreign Judgments , p . 78 ; 6 Hals . 282 ; Scott v . Pilkington , 2 B. & S. 11 , 121 E.R. 978. The same law prevails in the United States where it is generally held ...
Page 22
... allowed to proceed to judgment , and a stay then entered , are questions that I need not now consider , as they are not involved in this appeal . The appeal will be dismissed with costs in the cause to the plaintiff in any event ...
... allowed to proceed to judgment , and a stay then entered , are questions that I need not now consider , as they are not involved in this appeal . The appeal will be dismissed with costs in the cause to the plaintiff in any event ...
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accident accused action agree agreement Aime Benard alleged amalgamation ambulance amount application arbitrators authority award Bank Bank of Montreal building by-law CAMERON cause charge City of Winnipeg clause Clydebank compensation construction contract conveyance corporation counsel County Court Court of Appeal decision defendant defendant's duty easement entitled evidence fact farm fendant followed FULLERTON GALT HAGGART held injury issued JJ.A Judgment jury Justice King's Bench land liable liquidated damages Logan Avenue property Lord Manitoba matter ment mortgage MUNICIPALITY Neepawa negligence Ontario opinion owner paid parties passenger payment PENALTY OR LIQUIDATED PERDUE person plaintiff proceedings promissory note Province purchase question quit claim deed railway company re-inforcing reason referred res ipsa loquitur Rosen rule says shareholder shares statement of claim statute steel stipulation Street testator tiff tion trial Judge ultra vires verdict vestibule Virden witnesses
Popular passages
Page 154 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 135 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Page 167 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 142 - There must be reasonable evidence of negligence ; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 247 - Though the parties to a contract who use the words "penalty" or "liquidated damages" may prima facie be supposed to mean what they say, yet the expression used is not conclusive. The court must find out whether the payment stipulated is in truth a penalty or liquidated damages.
Page 339 - Every share in any company shall be deemed and taken to have been issued and to be held subject to the payment of the whole amount thereof in cash...
Page 195 - The board shall have exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this Part and as to any matter or thing in respect to which any power, authority or discretion is conferred upon the board, and the action or decision of the board thereon shall be final and conclusive and shall not be open to question or review in any court...
Page 116 - NY 405, where it was held that no rule in the interpretation of a policy is more fully established, or more imperative and controlling, than that which declares, that in all cases it must be liberally construed in favor of the insured, so as not to defeat, without a plain necessity, his claim to the indemnity, which in making the insurance it was his object to secure. When the words are without violence susceptible of two interpretations, that which will sustain his claim and cover the loss must...
Page 9 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a sum certain in money to, or to the order of a specified person, or to bearer.
Page 197 - Society, and the decision so made shall be binding and conclusive on all parties without appeal, and shall not be removable into any court of law or restrainable by injunction ; and application for the enforcement thereof may be made to the county court.