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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Page 19
... duty in that re- spect , the duty imposed on the owner to keep such gate closed did not arise . Section 254 of the Railway Act provides that : " The Company shall erect and maintain upon the rail- way : - ( a ) fences of a minimum ...
... duty in that re- spect , the duty imposed on the owner to keep such gate closed did not arise . Section 254 of the Railway Act provides that : " The Company shall erect and maintain upon the rail- way : - ( a ) fences of a minimum ...
Page 34
... duty was to find out what upon the true construction was the intention of the testator rather than to lay hold of certain words which in other wills had been held to create a trust . Since the decision 1918 C.J. in Lambe v . Eames the ...
... duty was to find out what upon the true construction was the intention of the testator rather than to lay hold of certain words which in other wills had been held to create a trust . Since the decision 1918 C.J. in Lambe v . Eames the ...
Page 66
... duties to as full an extent as any or either of such companies was at or before the time when the amalgamation agreement came into effect . " Section 363 provides that , - " Notwithstanding anything in any agreement made or sanctioned ...
... duties to as full an extent as any or either of such companies was at or before the time when the amalgamation agreement came into effect . " Section 363 provides that , - " Notwithstanding anything in any agreement made or sanctioned ...
Page 70
... duties to as full an extent as the old company was at or before the time of amalgamation . Now I think there was a claim , obligation and duty , if indeed not a contractual liability , resting upon the former company at this time and ...
... duties to as full an extent as the old company was at or before the time of amalgamation . Now I think there was a claim , obligation and duty , if indeed not a contractual liability , resting upon the former company at this time and ...
Page 79
... duties , to as full an extent as any or either of such companies was , at or before the time when the amalgamation agreement came into effect . " It would be difficult to frame an enactment more fully and completely declaring not only ...
... duties , to as full an extent as any or either of such companies was , at or before the time when the amalgamation agreement came into effect . " It would be difficult to frame an enactment more fully and completely declaring not only ...
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Common terms and phrases
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.