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accident action adverse possession affidavit agree agreement alleged Angus McDonald answer appeal application authority Barker Canada Canadian Pacific Railway cancelled cause certiorari charge Chief Justice claim committed common law contended contract conviction costs counsel county court county of Victoria coverture crown curtesy damages deBury declaration deed defendant's delivered distress duty entered entitled estoppel evidence fact Fredericton Goodspeed grant Gregory JJ ground guilty Hanington husband imprisonment industrial home intended issue judgment jurisdiction jury King land Landry learned judge liable license logs lumber magistrate mandamus married material McKendrick negligence nonsuit notice offence opinion owner paid parliament of Canada party person plaintiff plea possession prisoner purchase quash question Railway Company reason recover reference refused river Robert Rankin rule Saint John says sewer snow statute street testator trial Tuck C. J. verdict warrant wife wife's words
Page 38 - Provided that no conviction shall be set aside nor any new trial directed, although it appears that some evidence was improperly admitted or rejected, or that something not according to law was done at the trial or some misdirection given, unless in the opinion of the Court of Appeal some substantial wrong or miscarriage was thereby occasioned on the trial...
Page 178 - ... if whatever a man's real intention may be he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page 292 - Territorial jurisdiction attaches (with special exceptions) upon all persons either permanently or temporarily resident within the territory while they are within it; but it does not follow them after they have withdrawn from it, and when they are living in another independent country.
Page 542 - 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 110 - I have nothing to add to what has been said by my lord, and with regard to the meaning of the words " religious observance," I have really nothing to add to what has been said by my brother DARLING.
Page 387 - ... public policy requires, it Is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred and shall be enforced by courts of justice. Therefore you have this paramount public policy to consider, that you are not lightly to interfere with this freedom of contract.
Page 328 - It is contended that the negligence of the plaintiff alone contributed to his injury, and that the evidence fails to show any negligence on the part of the defendant.
Page 179 - If, in the transaction itself, which is in dispute, one has led another into the belief of a certain state of facts by conduct of culpable negligence calculated to have that result, and such culpable negligence has been the proximate cause of leading, and has led the other to act by mistake upon such belief, to his prejudice, the second cannot be heard afterwards, as against the first, to show that the state of facts referred to did not exist.
Page 501 - Part and liable on summary conviction 'for a first offence, to a penalty of forty dollars and costs, and, in default of payment, to imprisonment for a term not exceeding three months...
Page 301 - If at the time when the obligation was contracted the defendants were within the foreign country, but left it before the suit was instituted, we should be inclined to think the laws of that country bound them; though, before finally deciding this, we should like to hear the question argued.