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action affirmed agent alleged amount answer appellant appellant's appellee appellee's application assigned authority averred Bank benefit building cause charge Circuit Court claim Cleveland complaint condition consideration construction contract crossing damages danger death decedent deed defendant demurrer described duty error evidence executed facts failed feet filed finding follows further give given held Indiana injury instruction interest issue Judge judgment jury knowledge land liability lien ment mortgage motion necessary negligence notice overruled owner paid paragraph party payment person petition plaintiff pleading presented proceedings proper purchase question railroad real estate reason received record refused rendered result reversed road rule secure signed statute street sufficient suit supra sustained taken thereof tion township track train trial
Page 390 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto^ and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 390 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Page 537 - The company may make any payment provided for in this policy to any relative by blood or connection by marriage of the insured, or to any other person appearing to said company to be equitably entitled to the same by reason of having incurred expense in any way on behalf of the insured, for his or her burial or for any other purpose...
Page 55 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had he lived, against the latter for an injury for the same act or omission.
Page 746 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 613 - Court, for any defect in form, variance, or imperfections contained in the record, pleadings, process, entries, returns, or other proceedings therein, which by law might be amended by the court below, but such defects shall be deemed to be amended in the Supreme Court; nor shall any judgment be stayed or reversed, in whole or in part, where it shall appear to the court that the merits of the cause have been fairly tried and determined in the court below.
Page 656 - The court, in every stage of an action, must disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party; and no judgment shall be reversed, or affected, by reason of such error or defect.
Page 293 - reached the conclusion that the united application of the " following requisites will be found the safest criterion of a " fixture : 1, Actual annexation to the realty, or something " appurtenant thereto : 2, appropriation to the use or purpose " of that part of the realty with which it is connected ; 3, the " intention of the party making the annexation to make the " article a permanent accession to the freehold...
Page 534 - ... to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto.
Page 258 - ... shall be properly guarded, and no person shall remove or make ineffective any safeguard around or attached to any planer, saw, belting, shafting or other machinery, or around any vat or pan, while the same is in use, unless for the purpose of immediately making repairs thereto, and all such safeguards shall be promptly replaced.