The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 71
Abraham Clark Freeman
Bancroft-Whitney Company, 1900 - Law reports, digests, etc
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alleged amount appellant appellee applied appointment assignment attachment authority bank benefit bond cause of action charge chose in action claim Conn constitution contract conveyance corporation court court of equity creditors damages debt debtor deed defendant defendant's demurrer doctrine dollars duty enforce entitled equity evidence execution fact feoffment filed fraudulent garnishee grantee held indebtedness indictment injury insolvent interest issued John Mahnken judge judgment judgment debtor jury land levy liable lien lienholder loan marriage ment Missouri monographic note mortgage MUNICIPAL negligence notice officer Ohio St owner paid passenger payment plaintiff in error possession premium prior purchaser purpose question railroad reason receiver recover remainderman replevin rule sheriff St Rep statute stockholders subrogated suit surety thereof third party tion trial trust valid void wife
Page 744 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 118 - ... community, comprising men of education and men of little education, men of learning and men whose learning consists only in what they have themselves seen and heard, the merchant, the mechanic, the farmer, the laborer, these sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment thus given it is the great effort of the law to obtain. It is assumed that twelve men know more of the common affairs...
Page 96 - One who sells the good will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good will from him, carries on a like business therein.
Page 22 - Though judgment of divorce is denied, the court may, in an action for divorce, provide for the maintenance by the husband, of the wife and children of the marriage, or any of them.
Page 311 - Every corporation operating a railway shall be liable for all damages sustained by any person, including employes of such corporation, in consequence of the neglect of agents, or by any mismanagement of the engineers or other employes...
Page 452 - The law has so high a regard for human life that it will not impute negligence to an effort to preserve it, unless made under such circumstances as to constitute rashness in the judgment of prudent persons.
Page 123 - ... sexually provocative speech and dress. As to employer liability, we conclude that the Court of Appeals was wrong to entirely disregard agency principles and impose absolute liability on employers for the acts of their supervisors, regardless of the circumstances of a particular case. Accordingly, the judgment of the Court of Appeals reversing the judgment of the District Court is affirmed, and the case is remanded for further proceedings consistent with this opinion. It is so ordered.
Page 64 - It does not interfere with the well-established principle that where the true owner holds out another, or allows him to appear, as the owner of, or as having full power of disposition over, the property, and innocent third parties are thus led into dealing with such apparent owner, they will be protected.
Page 745 - ... it seems but reasonable and just that the neighbour who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...