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accident action alleged appears appliances applied ascer Asso authority Bingham School brakeman caused chap charge Chicago cited Cloquet river common law competent condition Conn Constitution construction contract corporation County court court of equity creditors damages danger defect defendant defendant's demurrer doctrine duty election employed employee engine evidence exer exercise existence fact fellow servant fendant flour furnished held husband incompetency injury Inspection Iowa judgment jury knowledge land legislative legislature letters testamentary liable machinery mandamus marriage Mass master ment mill Minn Minneapolis Missouri negligence notice nuisance Ohio St opinion ordinary owner parties person plaintiff plaintiff in error proper purpose question railroad railroad company reasonable recover repair rule safe Stat statute stream street Teleg tion track trust U. S. App wife William Bingham
Page 180 - The power we allude to is rather the police power, the power vested in the legislature by the constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.
Page 180 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 35 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 237 - But it would be an alarming doctrine, that congress cannot impose upon any executive officer any duty they may think proper, which is not repugnant to any rights secured and protected by the constitution; and in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President.
Page 200 - Democratic legislature to make the test at a primary election in a belief in the free coinage of silver at the ratio of sixteen to one...
Page 181 - The police power of the state extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the state...
Page 159 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 332 - Any exertion of authority of this sort beyond this limit," says Story, "is a mere nullity, and incapable of binding such persons or property in any other tribunals.
Page 241 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he...