The American and English Encyclopedia of Law, Volume 16John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1891 |
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Common terms and phrases
action application assessment Assoc Bank Cas Barb beneficiary Blatchf boat Brown by-laws cause certificate Chicago collision common law Conn contract CONTRIBUTORY NEGLIGENCE corporation court damages defendant defendant's duty Encyc evidence fact fault granted ground held Hun N. Y. injury Iowa Jones judgment jury Knights of Honor Legion of Honor liable Lodge ment Minn Moore motion mutual N. J. Eq N. W. Rep N. Y. Supp national bank National Bank act navigable ne exeat negligence notice Ohio St owner party payment person plaintiff river rule sailing vessel schooner ship Smith Stat statute steam Steamboat steamer Supreme Tenn tion Torts trial Union Mut Union Nat United verdict Wall Wend witness York
Popular passages
Page 272 - ... (b) On the starboard side, a green light, so constructed as to throw an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least two miles.
Page 383 - 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 443 - 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 291 - ... sees the masts of the other in a line or nearly in a line with her own, and by night to cases in which each vessel is in such a position as to see both the side lights of the other.
Page 430 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 287 - When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other.
Page 234 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Page 427 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Page 267 - The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally ; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the government.
Page 61 - M. , for the purpose of electing Directors and for the transaction of such other business as may come before the meeting.