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action alleged amount appeal apply assignee authority bank bill carrier cause charge City claim common condition consideration considered constitution construction contract corporation CRIMINAL damages decision deed defendant doctrine duty entitled equity established evidence exercise exist fact follows fraud give given grant ground held hold injury interest issue judge judgment jurisdiction jury Justice land liable limitations Mass matter means ment nature necessary negligence notice opinion owner party person plaintiff possession practice present principles proceedings proper protection purchaser question railroad reason received record recover relation result rule S. W. Rep statute street sufficient suit Supreme Court tion tort trial trust United wife witness
Página 151 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Página 55 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Página 293 - Hear the loud alarum bells — Brazen bells ! What a tale of terror now their turbulency tells ! In the startled ear of night How they scream out their affright ! Too much horrified to speak, They can only shriek, shriek, Out of tune ! In a clamorous appealing to the mercy of the fire...
Página 175 - 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.
Página 174 - In forest, brake or den, As beasts excel cold rocks and brambles rude ; Men who their duties know, But know their rights, and, knowing, dare maintain, Prevent the long-aimed blow, And crush the tyrant while they rend the chain ; These constitute a State; And sovereign law, that State's collected will, O'er thrones and globes elate Sits empress, crowning good, repressing ill.
Página 150 - The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals; and the exercise of the police power of the State shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the State.
Página 266 - And they constitute navigable waters of the United States within the meaning of the acts of Congress, in contradistinction from tiic navigable waters of the States, when they form in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries in the customary modes in which such commerce is conducted by water.
Página 263 - As against a principal, both principal and agent are deemed to have notice of whatever either has notice of, and ought, in good faith and the exercise of ordinary care and diligence, to communicate to the other.
Página 65 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Página 77 - It is a question of which of two powers or rights shall prevail — the power of the State to legislate or the right of the individual to liberty of person and freedom of contract. The mere assertion that the subject relates though but in a remote degree to the public health does not necessarily render the enactment valid. The act must have a more direct relation, as a means to an end, and the end itself must be appropriate and legitimate...