Reports of Cases Argued and Determined in the Supreme Court And, at Law, in the Court of Errors and Appeals of the State of New Jersey, Volume 89Soney and Sage, 1917 |
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1916-Decided June 1916-Decided November 20 accident action affirmance-THE CHANCELLOR affirmed amended appellant apply Argued Atlantic Atlantic City BERGEN cause certiorari charge CHIEF JUSTICE claim Comp contract counsel court was delivered crossings deceased defendant defendant's District Court duty election employes employment entitled Erie R. R. Erie Railroad Erie Railroad Co evidence fact filed Freeholders GARDNER grade crossings held HEPPENHEIMER indictment injury Jersey City judgment June 19 jury KALISCH land legislative legislature Lehigh Valley Railroad ment Millville MINTURN municipality N. J. Eq negligence Newark nonsuit opinion ordinance PARKER parties Pennsylvania Railroad person petition plaintiff in error present proceedings proof prosecutor Public Service Railway public utility board question railroad company Railway reason recover refusal respondent reversal-None reversed RISON rule Stat statute street Supreme Court term testimony tion TRENCHARD trial court trial judge verdict WILLIAMS witness writ
Popular passages
Page 209 - The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public schools, wherein all the children of this Commonwealth, above the age of six years, may be educated, and shall appropriate at least one million dollars each year for that purpose.
Page 18 - ... the face of the court, the offender may be instantly apprehended and imprisoned at the discretion of the judges, without any further proof or examination; but in matters that arise at a distance, and of which the court cannot have so perfect a knowledge, unless by the confession of the party, or the testimony of others, if the judges, upon affidavit, see sufficient ground to suspect that a contempt has been committed, they either make a rule on the suspected party to show cause why an attachment...
Page 666 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Page 378 - ... need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number.
Page 17 - If the contempt be committed in the face of the court, the offender may be instantly apprehended and imprisoned, at the discretion of the judges, without any further proof or examination. But in matters that arise at a distance, and of which the court cannot have so perfect a knowledge, unless by the confession of the party or the testimony of others, if the judges upon affidavit see sufficient ground to suspect that a contempt has been committed...
Page 36 - The principle seems to us to be, that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing, shall excuse the performance.
Page 352 - ... for acts in any sense warranted by the express or implied authority conferred upon him, considering the nature of the services required, the instructions given and the circumstances under which the act is done, the master is responsible; for acts which are not within these conditions the servant alone is responsible.
Page 645 - Upon the issue of defendant's negligence, -the trial court charged the jury as follows: .'It is the duty of the defendant to provide a reasonably safe place for the plaintiff to work, and to furnish him with reasonably safe appliances with which to do his work.
Page 769 - The rule is that for all acts done by a servant in obedience to the express orders or directions of the master, or in the execution of the master's business, within the scope of his employment...
Page 73 - Dec. 274, said, in respect to statutes, the rule of construction seems to be that the word "may" means must or shall only In cases where the public interests and rights are concerned, and where the public or third persons have a claim de Jure that the power shall be exercised.