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action agreed agreement alleged Allen allowed amount appear applied appointed attachment authority bill bonds Boston building called cause charge cited claim Commonwealth Company condition consideration contract corporation court Cush damages debt deed defendant determination directed dollars duty effect entered entitled equity established evidence exceptions execution facts further give given grant Gray ground held injury instructions intended interest issued judge judgment jury land liable limited maintain mortgage necessary notice objection offered officer opinion owner paid parties pass payment person Pick plaintiff possession premises present prove purchase question Railroad reason received recover returned rule statement statute Street sufficient superior court taken thereof tion Tort town trial trust valid verdict whole witness writ
Page 507 - And there is great reason and justice in this rule, for necessitous men are not, truly speaking, free men, but to answer a present exigency will submit to any terms that the crafty may impose upon them.
Page 430 - ... and, out of the money arising from such sale, to retain the principal and interest which shall then be due...
Page 346 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 372 - ... entered the premises because he was led to believe that they were intended to be used by visitors or passengers ; and that such use was not only acquiesced in by the owner or person in possession and control of the premises, but that it was in accordance with the intention and design with which the way or place was adapted and prepared or allowed to be so used.
Page 179 - State ; and whereas the encouragement of arts and sciences and all good literature tends to the honor of God, the advantage of the Christian religion, and the great benefit of this and the other United States of America...
Page 370 - In order to maintain an action for an injury to person or property by reason of negligence or want of due care, there must be shown to exist some obligation or duty towards the plaintiff, which the defendant has left undischarged or unfulfilled.
Page 370 - All the cases in the books, in which a party is sought to be charged on the ground that he has caused a way or other place to be incumbered or suffered it to be in a dangerous condition, whereby accident and injury have been occasioned to another, turn on the principle that negligence consists in doing or omitting to do an act by which a legal duty or obligation has been violated. Thus a trespasser who comes on the land of...
Page 110 - So that the obstruction of surface water or an alteration in the flow of it affords no cause of action in behalf of a person who may suffer loss or detriment therefrom against one who does no act inconsistent with the due exercise of dominion over his own soil.