Reports of Cases Argued and Determined in the Ohio Circuit Courts...: Ohio Circuit Decisions, Volume 27Laning printing Company, 1918 - Law reports, digests, etc |
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Page 25
... duty of the now conjecturer and to its own disobedience of its own . laws - in such case , we say , the conjecture is at a disadvantage and must go to the wall . It is , we suspect , small consolation that the patient dies according to ...
... duty of the now conjecturer and to its own disobedience of its own . laws - in such case , we say , the conjecture is at a disadvantage and must go to the wall . It is , we suspect , small consolation that the patient dies according to ...
Page 33
... duty of plaintiff , just before going upon the crossing " to look for the approach of trains , " is properly refused . 2. Jury Determines Fact of Failure to Perform Statutory Require- ment as to Headlight and Proximate Cause . ror ...
... duty of plaintiff , just before going upon the crossing " to look for the approach of trains , " is properly refused . 2. Jury Determines Fact of Failure to Perform Statutory Require- ment as to Headlight and Proximate Cause . ror ...
Page 34
... extent charged . " It admits that it was its duty to maintain a headlight on its engine and to give certain signals as it approached said cross- Pennsylvania Co. v . Gulling . ing , all of 34 [ Vol . OHIO CIRCUIT AND APPEALS COURTS .
... extent charged . " It admits that it was its duty to maintain a headlight on its engine and to give certain signals as it approached said cross- Pennsylvania Co. v . Gulling . ing , all of 34 [ Vol . OHIO CIRCUIT AND APPEALS COURTS .
Page 35
... duties it says were performed , and subject to said admissions the defendant denies all the other allegations of said ... duty of the plaintiff , Mr. Gulling , just before driving upon the railroad track , to look for the approach of ...
... duties it says were performed , and subject to said admissions the defendant denies all the other allegations of said ... duty of the plaintiff , Mr. Gulling , just before driving upon the railroad track , to look for the approach of ...
Page 40
... duty to maintain a headlight on its engine to give certain signals as it approached said crossing , and it avers that all of its duties in the premises were fully per- formed . " As if adopting said admission said court instructed the ...
... duty to maintain a headlight on its engine to give certain signals as it approached said crossing , and it avers that all of its duties in the premises were fully per- formed . " As if adopting said admission said court instructed the ...
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Common terms and phrases
affirmed alimony alleged amended amount appointment authority bill of exceptions charge Cincinnati Circ Circuit Court claimed common pleas court concur contract corporation Coshocton County counsel Court of Appeals court of common Cuyahoga County Circuit damages decedent decree deed defendant in error demurrer directed verdict duty evidence executor fact favor fendant filed Hamilton 1st Hamilton County Appeals held injury issue Jones and Gorman judge judgment jurisdiction jury lease liability Lucas county ment mortgage motion N. E. Rep negligence Ohio St opinion overruled paid parties payment Pennsylvania Co pension person petition plaintiff in error premises proceeding prosecuted question Railway real estate reason record recover refused reversed rule Sadler Stark County statute statute of frauds stockholders street supra Supreme Court sustained Syllabus tenant testator testimony thereof tion trial court trustees Walhonding river
Popular passages
Page 265 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 590 - Absence or failure of consideration is matter of defense as against any person not a holder in due course; and partial failure of consideration is a defense pro tanto, whether the failure is an ascertained and liquidated amount or otherwise.
Page 55 - Legislature), unless on presentment or indictment of a grand jury, and in any trial in any court whatever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions.
Page 364 - An action may be dismissed without prejudice to a future action. 1. By the plaintiff before the final submission of the case to the jury, or to the court, where the trial is by the court.
Page 423 - What usually is done may be evidence of what ought to be done, but what ought to be done is fixed by a standard of reasonable prudence, whether it usually is complied with or not.
Page 265 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree shall submit their differences to the umpire; and the award in writing of any two shall determine...
Page 591 - THERE are three points to be considered in the construction of all remedial statutes ; the old law, the mischief, and the remedy : that is, how the common law stood at the making of the act ; what the mischief was, for which the common law did not provide ; and what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe the act, as to suppress the mischief and advance the remedy e.
Page 101 - The cause was submitted to a jury, and after the plaintiffs had submitted their evidence the defendant moved the court to direct the jury to return a verdict for the defendant, upon the ground that the evidence disclosed the fact that the suit at bar had not been brought within twelve months after the fire; and thereupon the court sustained the motion, and the jury returned its 1916.] Mahoning County.
Page 561 - The judgment will, therefore, be reversed and the cause remanded with instructions to overrule the demurrer, and for further proceedings. It...
Page 450 - ... application, of a subsequent clause, nor by inference therefrom, nor by any subsequent words that are not as clear and decisive as the words of the clause giving the interest or estate.