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accident action agreed agreement alleged amount appeared assignment authority bank benefit bill bond Boston building called caused charge claim Commonwealth Company condition construction contract corporation count court damages dated death decree defendant defendant's direction duty elevator entered entitled evidence exceptions facts feet filed finding follows furnished further give given ground HAMMOND held injury instructions interest judge judgment jury KNOWLTON land lease liability machine March Mass materials matter mortgage named negligence notice offer officers operation opinion owner paid parties payment person petitioner plaintiff present presiding purchase question Rail Railroad Railway reason received recover referred refused removed request rule statement statute Street taken testified testimony tion tort trial trust verdict witness writ York
Page 431 - But acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be ' a taking ' within the meaning of the constitutional provision.
Page 574 - When a policy of insurance is effected by any person on his own life, or on another life in favor of some person other than himself having an insurable interest therein, the lawful beneficiary .thereof, other than himself or his legal representatives, shall be entitled to its proceeds, against the creditors and representatives of the person effecting the same...
Page 426 - The which clearly to determine, it is declared that in all creeks, coves, and other places about and upon salt water, where the sea ebbs and flows, the proprietor of the land adjoining, shall have propriety to the low water mark, where the sea doth not ebb above a hundred rods, and not more wheresoever it ebbs further...
Page 167 - O'Brien, the section foreman O'Connell had given him all these ties. At the close of the evidence the defendant presented certain requests for rulings which were refused, and the case was submitted to the jury, who found for the plaintiff.
Page 111 - Of the parties to the action those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one who should have been joined as a plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 111 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 540 - This act shall take effect upon its acceptance by a majority of the legal voters of said town present and voting thereon at an annual town meeting or at any town meeting duly called for the purpose.
Page 119 - Our system, which leaves to the landowner the use of a street above or below or on the surface, so far as he can use it without interference with the rights of the public, is just and right, but the public rights in these lands are plainly paramount, and they include, as they ought to include, the power to appropriate the streets above or below the surface as well as upon it, in any way that is not unreasonable, in reference either to the acts of all who have occasion to travel or to the effect upon...
Page 230 - However, respondent's having requested this instruction is persuasive of the fact that she must have believed that there was evidence which would have warranted the jury in finding that the decedent was guilty of contributory negligence for the doctrine would not otherwise be applicable.
Page 642 - Officers or agents who contract in behalf of any county, city or town for the construction or repair of public buildings or other public works shall obtain sufficient security, by bond or otherwise, for payment by the contractor and sub-contractors for labor performed or furnished and for materials used in such construction or repair ; but in order to obtain the benefit of such security the claimant shall file with such officers or agents a sworn statement of his claim within sixty days after the...