Virginia Appeals: Decisions of the Supreme Court of Appeals of Virginia, Volume 13Appeals Press, 1917 - Law reports, digests, etc |
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Common terms and phrases
accident action adverse possession Affirmed agreement alleged appellant appellees applied assignment of error assumpsit authority automobile bank Benet cause Circuit Court circumstances cited city of Norfolk city of Richmond claim Code commissioner complained Constitution contract contributory negligence corporation counsel court of equity creditor damages debt declaration decree deed of trust defendant in error demurrer distributees duty engine entitled equity erysipelas evidence fact February 29 fendant Ford held injury instruction intention interest J. T. Black James river judgment jury Lacy Black land latter liability lien McCamey ment negligence obligation opinion owner Page County paid parties payment person petition plaintiff in error possession proof question railroad Railway Company reason recover referred Reversed rule statute Stewart H street suit taxation taxes tenant testimony thereof tion track tract trial court usurious verdict Virginia wire
Popular passages
Page 69 - What may be deemed ordinary care in one case, may, under different surroundings and circumstances, be gross negligence. The policy of the law has relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note the special circumstances and surroundings of each particular case, and then say whether the conduct of the parties in that case was such as would be expected of reasonable, prudent men, under a similar state of affairs.
Page 69 - 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 331 - In truth it is not a contract or promise at all. It is an obligation which the law creates, in the absence of any agreement, when and because the acts of the parties or others have placed in the possession of one person money, or its equivalent, under such circumstances that in equity and good conscience he ought not to retain it, and which ex aequo et bono belongs to another.
Page 333 - If the defendant be under an obligation, from the ties of natural justice, to refund; the law implies a debt, and gives this action, founded in the equity of the plaintiff's case, as it were upon a contract ('quasi ex contractu,') as the Roman law expresses it.
Page 276 - ... is just fair, and reasonable, to be thereafter followed, and to make an order that the carrier or carriers shall cease and desist from such violation to the extent to which the commission finds the same to exist, and shall not thereafter publish, demand, or collect any rate or charge for such transportation or transmission in excess of the maximum rate or charge so prescribed, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed.
Page 46 - Such a transaction simply creates the relation of debtor and creditor between the bank and the depositor, and...
Page 209 - And when the parties have ceased to cohabit before the passage of this act, in consequence of the death of the woman, or from any other cause, all the children of the woman, recognized by the man to be his, shall be deemed legitimate.
Page 610 - ... or for vacating, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.
Page 81 - much safer and better to rely on and abide by the plain words, " although the Legislature might possibly have provided for other " cases had their attention been directed to them;
Page 122 - ... the surety is entitled to be subrogated to the rights of the creditor...