Reports of Cases Decided in the Supreme Court of the State of Utah, Τόμος 18
Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, George L. Nye, Joseph M. Tanner, John Walcott Thompson, August B. Edler, William S. Dalton, Alonzo Blair Irvine, Harmel L. Pratt, H. Arnold Rich
A. L. Bancroft, 1899
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accident action affirmed agent alleged allowed amount answer appeal assessment assignment attorney authority Bank benefit cars cause cause of action charge circumstances City claim common complaint constitution contract corporation costs damages debt Decided deed defendant denying determine district court duty effect entered error evidence execution facts filed findings follows fraud further give given ground held hold injury intent interest issued Judge judgment jurisdiction jury justice land limits matter ment Mining mortgage necessary negligence notice objection officer opinion paid parties pass payment performed person plaintiff possession presented question Railroad reason received record recover reference refused respect respondent rule Salt Lake servant sold statute sufficient suit taken testimony tion trial Utah validity void witness
Σελίδα 223 - The carrier and his customer do not stand on a footing of equality. The latter is only one individual of a million. He cannot afford to higgle or stand out and seek redress in the courts. His business will not admit such a course. He prefers, rather, to accept any bill of lading, or sign any paper the carrier presents ; often, indeed, without knowing what the one or the other contains. In most cases, he has no alternative but to do this, or abandon his business.
Σελίδα 355 - On the passage of all ordinances the votes of the several members of the board shall be entered on the minutes, and all ordinances shall be entered at length in the "ordinancebook.
Σελίδα 375 - ... the county in which the defendants, or some of them, reside at the commencement of the action...
Σελίδα 414 - ... himself; for the negligence of the cook, in not properly cleaning the copper vessels used in the kitchen : of the butcher, in supplying the family with meat of a quality injurious to the health; of the builder, for a defect in the foundation of the house, whereby it fell, and injured both the master and the servant by the ruins.
Σελίδα 501 - ... of his profession or trade, and the standard of due care is the conduct of the average prudent man. The test of negligence in employers is the same, and however strongly they may be convinced that there is a better or less dangerous way, no jury can be permitted to say that the usual and ordinary way commonly adopted by those in the same business is a negligent way, for which liability shall be imposed.
Σελίδα 370 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Σελίδα 222 - It is obvious, therefore, that if a carrier stipulate not to be bound to the exercise of care and diligence, but to be at liberty to indulge in the contrary, he seeks to put off the essential duties of his employment. And to assert that he may do so seems almost a contradiction in terms.
Σελίδα 393 - The fact that instead of stopping at the State boundary, they cross that boundary in going out and coming back, cannot affect the power of the State to levy a tax upon them. The...