Complete Digest of All Lawyers Reports Annotated, Volume 7Lawyers Co-operative Publishing Company, 1922 - Law |
Other editions - View all
Common terms and phrases
action agent agreement allegation amendment amount Annotated answer APPEAL apply assessment authority averment Bank benefit bill bond building cause of action charge claim complaint condition CONSTITUTIONAL construction contract corporation court creditor damages death debt defendant demurrer duty Effect ERROR EVIDENCE facts failure fire firm fraud give given ground improvement injury interest Iowa judgment jury land liability limitation loss Mass matter ment Minn mortgage municipal natural necessary negligence notice officer owner paid partner partnership party patent payment performance person petition plaintiff pleading possession principal proceedings providing proximate cause purchase question railroad reason received recover result rule statute street sufficient suit surety tion tort TRIAL trust valid WORDS AND PHRASES
Popular passages
Page 8064 - It is admitted that the rule is difficult of application. 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 8043 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 7964 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances, or misfeasances, and omissions of duty, of his agent in the course of his employment, although the principal did not authorize, or justify, or participate in, or indeed know of such misconduct, or even if he forbade the acts or disapproved of them.
Page 8173 - When the owner of property devotes it to a use in which the public has an interest, he in effect grants to the public an interest in such use, and must, to the extent of that interest, submit to be controlled by the public, for the common good, as long as he maintains the use.
Page 8104 - Therefore, when the state creates public corporations solely for governmental purposes, such corporations, while engaged in the discharge of the duties imposed upon them for the sole benefit of the public, and from the performance of which they derive no compensation or benefit in their corporate capacity, are clothed with the immunities and privileges of the state...
Page 7912 - Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises...
Page 8052 - The proximate cause of an event must be understood to be that which in a natural and continuous sequence, unbroken by any new, independent cause, produces that event, and without which that event would not have occurred.
Page 8113 - Nothing in this constitution shall be so construed as to prohibit the general assembly from authorizing assessments on real property for local improvements in towns and cities, under such regulations as may be prescribed by law, to be based upon the consent of a majority in value of the property holders owning property adjoining the locality to be affected; but such assessments shall be ad valorem and uniform.
Page 7861 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 8043 - It may be stated, as a general proposition, that every man has the right to the natural use and enjoyment of his- own property; and if, while lawfully in such use and enjoyment, without negligence or malice on his part, an unavoidable loss occurs to his neighbor, it is damnum absque injuria; for the rightful use of one's own land may cause damage to another, without any legal wrong.