Reports of Cases Argued and Determined in the Ohio Circuit Courts...: Ohio Circuit Decisions, Volumen25Laning printing Company, 1915 |
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Página 3
... fact that he was addicted to the use of intoxicating liquors , and by such use unfitted himself for the performance of the work he was to do to such an extent that the defendant was thereby dam- aged , and to such an extent that it ...
... fact that he was addicted to the use of intoxicating liquors , and by such use unfitted himself for the performance of the work he was to do to such an extent that the defendant was thereby dam- aged , and to such an extent that it ...
Página 6
... fact such , or whatever fact might be a complete defense which the guardian might fail to make . In Morgan v . Hoyt , 69 Ill . 489 , it is held , that the con- servators can be used for a claim against their wards , but this is put ...
... fact such , or whatever fact might be a complete defense which the guardian might fail to make . In Morgan v . Hoyt , 69 Ill . 489 , it is held , that the con- servators can be used for a claim against their wards , but this is put ...
Página 8
... Fact . Money voluntarily paid by a municipal corporation to a contractor on a claim for extras allowed under a misconstruction of the terms of the contract between the parties can not be recovered back , in the absence of fraud or ...
... Fact . Money voluntarily paid by a municipal corporation to a contractor on a claim for extras allowed under a misconstruction of the terms of the contract between the parties can not be recovered back , in the absence of fraud or ...
Página 11
... fact . The court said also to the jury that the burden of proving that no written order for the " extra " work was given to the defendant was upon the plaintiff . This last instruction is not and could not be complained of by the ...
... fact . The court said also to the jury that the burden of proving that no written order for the " extra " work was given to the defendant was upon the plaintiff . This last instruction is not and could not be complained of by the ...
Página 13
... fact , and if such payment were made by mistake of law , this plaintiff was not entitled to recover in the action ... facts , but under a mistake as to the law , pay over to another , claiming it as a right , money which he has not been ...
... fact , and if such payment were made by mistake of law , this plaintiff was not entitled to recover in the action ... facts , but under a mistake as to the law , pay over to another , claiming it as a right , money which he has not been ...
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Términos y frases comunes
affirmed agreement alimony alleged amended amount answer application authority avers bank bonds cause of action charge Charles Robson Cincinnati Circ Circuit Court claim Cleveland common law common pleas court concur construction contract contributory negligence corporation counsel Court of Appeals court of common Cuyahoga County Circuit death decedent defendant company defendant in error demurrer deposit duty entitled ERROR to common evidence fact fendant filed Franklin County funds Hamilton County Appeals injury issue Jones judgment jury Kiner Kinkade land liability Lucas County Marvin ment mortgage municipal N. E. Rep negligence Newark O. C. C. Vol Ohio St opinion ordinance owner paid parties payment person petition plaintiff in error Portage County proceedings purpose question rails Railway reason recover Richland County road rule statute street Syllabus testimony thereof tion track trial court verdict
Pasajes populares
Página 599 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...
Página 499 - ... nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or property, or for any service in connection therewith, between the points named in such tariffs than the rates, fares, and charges which are specified in the tariff filed and in effect at the time...
Página 103 - What the company is entitled to demand, in order that it may have just compensation, is a fair return upon the reasonable value of the property at the time it is being used for the public.
Página 48 - Part further covenants and agrees to merchandise such wheat in foreign ports , it being understood and agreed between the Party of the First Part and the Party of the Second Part...
Página 498 - That every common carrier subject to the provisions of this Act shall file with the Commission created by this Act and print and keep open to public inspection schedules showing all the rates, fares, and charges for transportation between different points on its own route...
Página 599 - ... property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it or by any common carrier, railroad, or transportation company to which such property may be delivered, or over whose line or lines such property may pass, and no contract, receipt, rule, or regulation shall exempt such common carrier, railroad, or transportation...
Página 170 - ... within sixty days after the fire, unless such time is extended in writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured 'as to the time and origin of the fire; the interest of the insured and of all others in the property ; the cash value of each item thereof, and the amount of loss thereon...
Página 112 - The question of the reasonableness of a rate of charge for transportation by a railroad company, involving as it does the element of reasonableness both as regards the company and as regards the public, is eminently a question for judicial investigation, requiring due process of law for its determination.
Página 113 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Página 284 - ... deceit or fraud, shall also survive; and the action may be brought, notwithstanding the death of the person entitled or liable to the same.