Minnesota Reports: Cases Argued and Determined in the Supreme Court of Minnesota, Volume 68Review Publishing Company, 1898 Cases argued and determined in the Supreme Court of Minnesota. |
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47 Minn agent agreement alleged amount answer Appeal by defendant assessment assignment attorney authority bank benefit cause of action certificate champerty charge claim complaint condition contract contributory negligence corporation counsel creditors damages debt debtor deed default defendant's demurrer district court entitled error evidence execution fact favor fendant filed finding foreclosure fraud garnishee granted ground held injury insolvent issue Itasca county judgment jury land liability lien Louis county lumber ment Minneapolis Minnesota mixed trains mortgage motion negligence Nicollet county notice opinion Order affirmed order denying owner paid parties Paul payment person plaintiff plat pleadings possession premises prior proceedings purchase question railroad Railway Company Ramsey county reason received record recover refused Reported in 71 Res Judicata respondent reversed rule statute surety sustained testified thereof tion track train trial court trust verdict void warrant
Popular passages
Page 156 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 374 - No suit or action on this policy, for the recovery of any claim, shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements nor unless commenced within twelve months next after the fire.
Page 339 - ... in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 362 - In view of the adjudications these principles must be regarded as settled : " 1. A railroad corporation is a person within the meaning of the fourteenth amendment declaring that no state shall deprive any person of property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
Page 375 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal or to any examination herein provided for...
Page 161 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 361 - State or of some more limited portion of the community, and those laws provide for a mode of confirming or contesting the charge thus imposed, in the ordinary courts of justice, with such notice to the person, or such proceeding in regard to the property, as is appropriate to the nature of the case, the judgment in such proceedings cannot be said to deprive the owner of his property without due process of law, however obnoxious it may be to other objections.
Page 156 - There must be reasonable evidence of negligence. But, where the thing is shown to be under the management of the defendant or his servants and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care
Page 60 - Whenever the bodily or mental feelings of an individual are material to be proved, the usual expressions of such feelings, made at the time in question, are also original evidence.
Page 339 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...