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 33
... negligence preventing recovery , and a special request , stating that it was the 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 ...
... negligence preventing recovery , and a special request , stating that it was the 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 ...
Page 34
... negligence in operating a train of its cars over a public highway crossing east of the village of Louisville , in said county , thereby causing permanent injuries to the defendant in error , as set forth in his petition filed in the ...
... negligence in operating a train of its cars over a public highway crossing east of the village of Louisville , in said county , thereby causing permanent injuries to the defendant in error , as set forth in his petition filed in the ...
Page 35
... negligent in any of the particulars complained of , which it specifically denies . the plaintiff by his own negligent ... negligence of plaintiff himself . " For reply to the answer of the defendant , the plaintiff makes a general denial ...
... negligent in any of the particulars complained of , which it specifically denies . the plaintiff by his own negligent ... negligence of plaintiff himself . " For reply to the answer of the defendant , the plaintiff makes a general denial ...
Page 36
... negligence , and will defeat an action by such person for an injury to which such negligence con- tributed . 2. But the omission to use such precautions , by a person injured , will not defeat his action , if , by due diligence in their ...
... negligence , and will defeat an action by such person for an injury to which such negligence con- tributed . 2. But the omission to use such precautions , by a person injured , will not defeat his action , if , by due diligence in their ...
Page 37
... negligence in all cases and as matter of law , and it remains the law of Ohio today , though there are a number of decisions of courts of other states , notably Massachusetts , which appear to hold a more rigid rule . It is the Ohio ...
... negligence in all cases and as matter of law , and it remains the law of Ohio today , though there are a number of decisions of courts of other states , notably Massachusetts , which appear to hold a more rigid rule . It is the Ohio ...
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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.