Harvard Law Review, Volume 28
Harvard Law Review Pub. Association, 1915 - Electronic journals
The Harvard Law Review is a student-run journal of legal scholarship. It is intended to be an effective research tool for practicing lawyers and students of the law. The Review publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts.
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27 HARV action apply authority Bank beneficiary breach carrier cestui que trust claim commerce clause Commission common carrier common law Congress consequence constitutional constructive trust contract corporation court of equity creditor criminal damages decision declared defendant devise doctrine duty easement effect employee enforced equity estoppel evidence exercise express fact federal grant ground held injury intent interest interstate commerce Interstate Commerce Commission intrastate judicial jurisdiction Justice land legatee or devisee legislative liability limited liquor Mass ment N. J. Eq N. Y. Supp nature negligence opinion owner pardon parties person plaintiff present principle promise question railroad rates re-insured reason recover recovery refused regulation result riparian rule secret trust seems Statute of Frauds supra Supreme Court testator testator's theory tion tort United unjust enrichment valid violation Webb-Kenyon Webb-Kenyon Act
Page 402 - States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies or other commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement or understanding may be to substantially lessen competition or tend to create a monopoly in...
Page 91 - Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been understood by the traditions of our people and our law.
Page 173 - Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Page 163 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...
Page 182 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 436 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing...
Page 770 - Every partner is an agent of the partnership for the purpose of its business, and the Act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership...
Page 273 - All patents granted, or pre-emption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 402 - Provided, That nothing herein contained shall prevent discrimination in price between purchasers of commodities on account of differences in the grade, quality, or quantity of the commodity sold, or that makes only due allowance for differences in the cost of selling or transportation, or discrimination in price in the same or different communities made in good faith to meet competition...