Montgomery County Law Reporter: Containing Chiefly Reports of Cases Decided by the Courts of Montgomery County, Together with All the Cases Arising in Said County, Decided by the Supreme Court of Pennsylvania, Volume 5Montgomery Bar Association, 1890 |
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action affidavit of defence agreement alleged application April 15 assessed assumpsit attorney auditor authority Avonia bill borough Buckwalter Charles Hunsicker claim claimants Common Pleas Conshohocken construction contract costs court delivered Court of Common court of equity creditors crossing death debt decedent declaration decree defendant dollars entitled equity Essick evidence execution executor facts filed fund garnishees George W Harper Haverford College heirs held income injunction injury intent interest Jacob Kirk Joseph Fornance judgment jurisdiction jury Kerper land Larzelere & Gibson lead-pencil liable license lien March March 29 ment Montgomery County mortgage motion negligence Norristown opinion Orphans paid parties payment Penna plaintiff plaintiff in error Pleas of Montgomery Plymouth Township Prothonotary public road question railroad real estate reason rule September 16 statute street suit SWARTZ testator's testimony tion township trust usury Vanuxem verdict WEAND wife
Popular passages
Page 58 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Page 209 - Commonwealth to ascertain and define by their decree the mode of such crossing which will inflict the least possible injury upon the rights of the company owning the road which is intended to be crossed; and if in the judgment of such court it is reasonably practicable to avoid a grade crossing, they shall by their process prevent a crossing at grade.
Page 66 - If the defendant's negligence concurred with some other event, other than the plaintiff's fault, to produce the plaintiff's injury, so that it clearly appears that but for such negligence the injury would not have happened, and both circumstances are...
Page 202 - But, in truth, the mere relation of the master and the servant never can imply an obligation on the part of the master to take more care of the servant than he may reasonably be expected to do of himself.
Page 124 - The true meaning of this maxim is, that equity will treat the subject-matter, as to collateral consequences, and incidents, in the same manner as if the final acts contemplated by the parties had been executed exactly as they oug-ht to have been ; not as the parties might have executed them.
Page 38 - I give, devise and bequeath unto my beloved wife Sarah Geiger, her heirs and assigns forever, all my property, real, personal and mixed, of what nature or kind soever and wheresoever the same shall be at the time of my death.
Page 63 - Neg. § 347. It is equally true that supervisors are not bound to furnish roads upon which it will be safe for horses to run away. They are bound, however, to furnish roads that are reasonably safe. If they do not, and a traveler is injured in consequence of culpable defects therein, it is no defense that the horse, at the exact time of the injury, was running away, or was beyond his control.
Page 209 - When such legal proceedings relate to crossings of lines of railroads by other railroads it shall be the duty of courts of equity of this Commonwealth to ascertain and define, by their decree, the mode of such crossing which will Inflict the least practical injury...
Page 128 - if a man had been stricken in one county and died In another, it was doubtful whether he were Indictable or triable in either, but the more common opinion was that he might be Indicted where the stroke was given...
Page 64 - ... to the right, partly over the declivity. Becoming altogether unmanageable, he made a second plunge, and went over the precipice, upturning the wagon, and injuring the persons therein. The opinion of the court in that case was delivered by our Brother GREEN, who said: "The immediately producing cause of the accident, in the present case, was the unguarded condition of the road-si.de at the place where the accident occurred. If that unguarded condition of the road-side was an act of negligence...