Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana, Τόμος 11Bowen-Merrill Company, 1895 "With tables of the cases reported and cases cited and an index." (varies) |
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Συχνά εμφανιζόμενοι όροι και φράσεις
Admr Admx alleged answer appellant appellant's appellee appellee's assessment assignment averred cars cause of action Chicago and St Cincinnati Circuit Court claim Coal Cole Brothers complaint condition Consolidated Ry contract contributory negligence counsel court erred danger decedent defective defendant demurrer duty employe engineer entitled error Evansville evidence ex rel execution facts finding Indiana Indianapolis Indianapolis Union Railway injury instructions Insurance Company interrogatories Judgment affirmed jury land lant's lantern liable Logansport Louis Louisville machinery master ment mortgage motion notice Oolitic Stone Company opinion overruling paragraph party pellant pellee Pennsylvania Co performance personal property Phenix plaint plaintiff pleading promise question R. W. Co railroad company Railway Company real estate reason rendered repair replevin Romona Oolitic Stone rule servant special verdict statute street sufficient sui juris supra sustained taxes Terre Haute thereof ticket tion train trial court unsafe
Δημοφιλή αποσπάσματα
Σελίδα 493 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Σελίδα 29 - When the death of one is caused by the wrongful act or omission of another the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived against the latter for an injury for the same act or omission.
Σελίδα 63 - The act of a third person, intervening and contributing a condition necessary to the injurious effect of the original negligence, will not excuse the first wrongdoer, if such act ought to have been foreseen. The original negligence still remains a culpable and direct cause of the injury. The test is to be found in the probable injurious consequences -which were to be anticipated, not in the number of subsequent events and agencies which might arise.
Σελίδα 501 - We do not say that even the natural and probable consequences of a wrongful act or omission are in all cases to be chargeable to the misfeasance or nonfeasance. They are not when there is a sufficient and independent cause operating between the wrong and the injury. In such a case, the resort of the sufferer must be to the originator of the intermediate cause. But when there is no intermediate efficient cause, the original wrong must be considered as reaching to the effect and proximate to it. The...
Σελίδα 493 - Saunders, because the two cases differ from each other in a material fact ; and it is a general rule, expressly recognized by the Court in Sturges v. Crowninshield, that the positive authority of a decision is coextensive only with the facts on which it is made.
Σελίδα 411 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Σελίδα 414 - ... shows that after the sustaining of the demurrer to It the appellant filed an amended second paragraph, and this amended paragraph was left out of the record by order of the appellant. The filing of the amended paragraph took the original out of the record.
Σελίδα 321 - Counsel for appellant insist that the second paragraph of the answer does not state facts sufficient to constitute a defense to the cause of action alleged in the complaint; that the correspondence shows that the minds of the parties have full...
Σελίδα 6 - No trust concerning lands, except such as may arise by implication of law, shall be created, unless in writing, signed by the party creating the same, or by his attorney thereto lawfully authorized in writing.
Σελίδα 424 - That on the 7th day of July, 1921, defendant, by her attorney, orally moved the court to set aside the default and the said judgment upon the ground that the court had no jurisdiction of the person of the defendant...