The American and English Encyclopedia of Law, Volume 16John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1892 |
From inside the book
Results 1-5 of 68
Page 3
... evidence of a prior contract such evidence does not necessarily depend for its effect upon amenity of manners or upon the degree to which the parties extend to each other the affec- tionate respect which should attend the intercourse of ...
... evidence of a prior contract such evidence does not necessarily depend for its effect upon amenity of manners or upon the degree to which the parties extend to each other the affec- tionate respect which should attend the intercourse of ...
Page 75
... Evidence . In such action the record of losses kept by the company is prima facie evidence of such losses having occurred . People's Mut . Ins . Co. v . Allen , 10 Gray ( Mass . ) 297 ; West Branch Ins . Co. Macklin , 66 Pa . St. 34- In ...
... Evidence . In such action the record of losses kept by the company is prima facie evidence of such losses having occurred . People's Mut . Ins . Co. v . Allen , 10 Gray ( Mass . ) 297 ; West Branch Ins . Co. Macklin , 66 Pa . St. 34- In ...
Page 102
... Evidence .-- The law of evidence as applied to actions on in- surance policies , and certificates of benefit societies , presents noth- ing peculiar . The rules excluding parol evidence to contradict a writing has seemed to receive ...
... Evidence .-- The law of evidence as applied to actions on in- surance policies , and certificates of benefit societies , presents noth- ing peculiar . The rules excluding parol evidence to contradict a writing has seemed to receive ...
Page 103
... evidence on the subject - such as the issuance of letters of admin- istration , etc , or by circumstantial evidence , when direct evidence is not attainable , to the extent at least of raising a presumption of the party's death . " The ...
... evidence on the subject - such as the issuance of letters of admin- istration , etc , or by circumstantial evidence , when direct evidence is not attainable , to the extent at least of raising a presumption of the party's death . " The ...
Page 104
... evidence against him.1 Where a policy provides that the company will pay the bene- ficiary a percentage of the assessments collected , the beneficiary can recover without proving demand on the company to make as- sessments , or that ...
... evidence against him.1 Where a policy provides that the company will pay the bene- ficiary a percentage of the assessments collected , the beneficiary can recover without proving demand on the company to make as- sessments , or that ...
Other editions - View all
Common terms and phrases
action affidavit application assessment Assoc Bank Cas Barb beneficiary Blatchf boat Brown by-laws cause certificate Chicago collision common law Conn contract CONTRIBUTORY NEGLIGENCE corporation court damages defendant defendant's duty Encyc evidence fact fault granted ground held Hun N. Y. injury Iowa Jones judgment jury Knights of Honor Legion of Honor liable Lodge ment Minn Moore motion mutual N. J. Eq N. W. Rep N. Y. Supp national bank National Bank act navigable ne exeat negligence notice Ohio St owner party payment person plaintiff river rule sailing vessel schooner ship Smith Stat statute steam Steamboat steamer Supreme Tenn tion Torts trial Union Mut Union Nat United verdict Wall Wend witness York
Popular passages
Page 447 - 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 defendant that the accident arose from want of care.
Page 389 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 308 - In obeying and construing these rules due regard shall be had to all dangers of navigation and collision, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger.
Page 434 - But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 278 - ... (b) On the starboard side, a green light, so constructed as to throw an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least two miles.
Page 297 - ... other; in other words, to cases in which by day each vessel sees the masts of the other in a line or nearly in...
Page 293 - ... (c.) When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other.
Page 280 - ... so constructed as to show a uniform and unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the ship, namely, from right ahead to two points abaft the beam...
Page 281 - A vessel under one hundred and fifty feet in length when at anchor shall carry forward, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light, in a lantern so constructed as to show a clear, uniform, and unbroken light visible all around the horizon at a distance of at least one mile.
Page 240 - It would be a narrow rule to hold that in this country, unless a river was capable of being navigated by steam or sail vessels, it could not be treated as a public highway. The capability of use by the public for purposes of transportation and commerce affords the true criterion of the 113.