The Eastern Reporter: Containing All the Decisions of the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey and Pennsylvania, ... as Soon as They are Filed, with Statement of the Case, Volume 9
William Gould, 1887 - Law reports, digests, etc
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action affirmed agreement alleged allowed amount answer appeal applied appointed assessment assignment authority bank bill cause charge claim common complainant construction contract corporation costs court creditors damages debt decree deed defendant defendant's determine directed duty effect entered entitled equity error evidence exceptions execution executor existence facts give given granted ground hands held injury intended interest issue January judge judgment jury land limited Mass matter mortgage necessary negligence notice objection opinion owner paid parties passed payment Penn person plaintiff possession premises present prove purchase question railroad reason received record recover reference refused respect road rule statute street sufficient suit taken term tion train trial trust witness
Page 346 - All taxes shall be uniform upon the same class of subjects within the territorial limits, of the authority levying the tax, and shall be levied and collected under general laws...
Page 156 - ... light, so constructed as to show an unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side, and of such a character as to be visible at a distance of at least five miles.
Page 100 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Page 384 - suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law.
Page 348 - Provided, That all property, real or personal, other than that which is in actual use and occupation for the purposes aforesaid, and from which any income or revenue is derived, shall be subject to taxation, except where exempted by law, for State purposes, and nothing herein contained shall exempt same therefrom.
Page 650 - He can excuse himself by showing that the escape was owing to the plaintiff's default; or perhaps that the escape was the consequence of vis major, or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.
Page 650 - ... it seems but reasonable and just that the neighbor, who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
Page 650 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 330 - Hope, supra, that in determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence — such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.