The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 43Bancroft-Whitney, 1883 |
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action affirmed agreement alleged allowed amount appears appellant applied authority bank bill building cause charge child circumstances cited claim common Company complainant condition consideration considered constitute construction contract corporation court damages debt decided decision defendant doctrine duty easement effect entitled error evidence executed existence fact follows give given granted ground held hold husband injury instruction intention interest judge judgment jury land liable license marriage Mass matter means Michigan mortgage nature necessary negligence notice opinion owner paid parties payment performance person plaintiff possession present principle promise proved purchase question Railroad reason received recover referred regard relation respect respondent result rule says Smith statute street suit sustained taken tion trial trust wife
Popular passages
Page 789 - ... no person duly authorized to practice physic or surgery shall be allowed to disclose any information which he may have acquired in attending any patient, in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him, as a surgeon.
Page 225 - Whenever, therefore, whether from personal incapacity to contract, or the nature of the contract, or any other cause, the contract is incapable of being enforced against one party, that party is equally incapable of enforcing it against the other, though its execution in the latter way might in itself be free from the difficulty attending its execution in the former.
Page 220 - Christianity, and the corruption of morals which usually follows its profanation, the keeping one day in seven holy, as a time of relaxation and refreshment, as well as for public worship, is of admirable service to a State, considered merely as a civil institution.
Page 66 - 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 216 - ... that no law shall be passed abridging the freedom of speech or of the press, or the rights of the people to peaceably assemble and petition the Government for a redress of grievances; that no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed.
Page 499 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 559 - To lose is not to place or put anything carefully and voluntarily in the place you intend and then forget it, it is casually and involuntarily to part from the possession ; and the thing is then usually found in a place or under circumstances to prove to the finder that the owner's will was not employed in placing it there.
Page 322 - A homestead to the extent of one hundred and sixty acres of land, or the half of one acre within the limits of any incorporated city or town, owned by the head of a family residing in this State, together with one thousand dollars...
Page 220 - That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences...
Page 314 - In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.