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action agent agreed agreement alleged allowed amount answer appeal apply authority bond cause charge cited claim Code complaint condition considered contract convey corporation costs counsel County criminal damages death debt decided decision deed defendant defendant's duty effect entitled error evidence excepted executed facts Filed follows give given heard by Judge heirs held hold Honor husband indictment injury instruction intent interest issue Judge judgment jury justice land limitation matter means nature necessary negligence objection opinion paid parties payment person plaintiff possession present principle prove purchase question Railroad reason received record recover reference refused respect road rule says sell statute sufficient Superior Court supra sustained Telegraph Term testimony tion trial true trust Waynesville wife witness
Page 460 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 469 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect or receive from any person or persons a greater or less compensation...
Page 458 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...
Page 510 - ... the measure of damages is the difference in the value of the land before and after the cutting or destruction complained of: Argotsinger v.
Page 172 - It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 400 - Their business is, therefore, " affected with a public interest," within the meaning of the doctrine which Lord Hale has so forcibly stated. But we need not go further. Enough has already been said to show that, when private property is devoted to a public use, it is subject to public regulation.
Page 310 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Page 369 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...