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action adverse possession agent alleged allowed amount answer appeal applied authority bank Brown called cause charge claim complaint condition consent considered Constitution contract counsel County crossing damages deed defendant defendant's direct district duty effect election engine entered entitled error established evidence exception execution facts Filed follows fraud further give given grant heard held hold injury instruction interest issue Judge judgment jury justice land look Lumber March matter motion nature necessary negligence notice objection opinion paid parties person plain plaintiff possession present principle proceeding proper prove question Railroad reason received record recover reference refused regard respect road rule says statute submitted sufficient Superior Court sustained taken tending term testimony tion track tract train trial true unless wife witness
Page 476 - 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 115 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 504 - ... the failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.
Page 586 - But the allegation of new matter in the answer, not relating to a counter-claim or set-off, or of new matter in a reply, is to be deemed controverted by the adverse party as upon a direct denial or avoidance, as the case may require.
Page 327 - The market value of property is the price which it will bring when it is offered for sale by one who desires, but is not obliged, to sell it, and is bought by one who is under no necessity of having it.
Page 498 - If granted for public purposes exclusively, they belong to the corporate body in its public, political, or municipal character. But if the grant was for purposes of private advantage and emolument, though the public may derive a common benefit therefrom, the corporation, quoad hoc, is to be regarded as a private company. It stands on the same footing as would any individual or body of persons upon whom the like special franchises had been conferred.
Page 136 - So if a man gives another a cuff on the ear, though it cost him nothing, no not so much as a little diachylon, yet he shall have his action, for it is a personal injury. So a man shall have an action against another, for riding over his ground, though it do him no damage : for it is an invasion of his property, and the other has no right to come there; and in these cases the action is brought vi et armis.
Page 133 - By multifariousness in a bill is meant the improperly joining in one bill distinct and independent matters, and thereby confounding them; as, for example, the uniting in one bill of several matters, perfectly distinct and unconnected, against one defendant, or the demand of several matters of a distinct and independent nature against several defendants in the same bill.
Page 48 - States, that the measure of damages is the difference between the contract price and the market value of the...