Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 184Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, William Dudley Fuller, Hovey K. Clarke, John Adams Brooks, Hoyt Post, Henry Allen Chaney, James M. Reasoner, Richard W. Cooper, Marquis B. Eaton, Herschel Bouton Lazell Phelphs & Stevens, printers, 1916 |
From inside the book
Results 1-5 of 77
Page 24
... notice of danger . This being so , it is the duty of every one attempting to cross to use ordinary precautions for his own safety . " * * See , also , Brinker v . Railroad Co. , 121 Mich . 283 ( 80 N. W. 28 ) ; and Spaven v . Railroad ...
... notice of danger . This being so , it is the duty of every one attempting to cross to use ordinary precautions for his own safety . " * * See , also , Brinker v . Railroad Co. , 121 Mich . 283 ( 80 N. W. 28 ) ; and Spaven v . Railroad ...
Page 31
... notice of set - off and recoupment . The only item of these defenses involved in this review is a claim of damages for breach of warranty amounting to $ 5,991.64 , which defendants sought to recoup . From a verdict and judgment in favor ...
... notice of set - off and recoupment . The only item of these defenses involved in this review is a claim of damages for breach of warranty amounting to $ 5,991.64 , which defendants sought to recoup . From a verdict and judgment in favor ...
Page 62
... notice of special de- fenses based upon the statute of limitations and the infancy of two of the defendants . Upon the trial in justice's court the jury disagreed . A second trial was commenced before another jury . During the examina ...
... notice of special de- fenses based upon the statute of limitations and the infancy of two of the defendants . Upon the trial in justice's court the jury disagreed . A second trial was commenced before another jury . During the examina ...
Page 64
... notice from the building department of the municipality , as tending to prove the condition of the incomplete structure , but the error was not prejudicial where competent testimony covered the same subject and was substantially undis ...
... notice from the building department of the municipality , as tending to prove the condition of the incomplete structure , but the error was not prejudicial where competent testimony covered the same subject and was substantially undis ...
Page 66
... notice which , pursuant to the bond above referred to , plaintiff thereafter gave , the conditions of the building January 7 , 1913 , were stated to be : " The basement is completed , outside of a few minor details ; also the skeleton ...
... notice which , pursuant to the bond above referred to , plaintiff thereafter gave , the conditions of the building January 7 , 1913 , were stated to be : " The basement is completed , outside of a few minor details ; also the skeleton ...
Other editions - View all
Common terms and phrases
accident action affirmed agreement alleged amended amount Ann Arbor Railroad appears appellee assessment Assumpsit bailment Boeing brings error BROOKE cause certiorari charge circuit court city of Detroit claim complainant concurred condition contract contributory negligence counsel court of equity court of record damages deceased decedent Decided March 17 decree deed defendant defendant's direct a verdict directed verdict Docket duty employment engine entitled evidence fact fendant filed follows Fordney Grand Haven Grand Rapids Heliker husband injury judgment jury KUHN land lease March 17 Marsac Martin Stephan MCALVAY ment Michigan MOORE mortgage negligence opinion OSTRANDER paid parties payment person plaintiff premises proceedings question railroad Railroad Co Railway reason record recover refused rule Shirley Ross Stat statute STEERE Submitted taxes testified testimony thereon tion township track trammers trial court wife wires witness Ypsilanti
Popular passages
Page 282 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Page 283 - All laws now in force in the territory of Wisconsin, which are not repugnant to this constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the legislature.
Page 271 - Under such general laws, the electors of each city and village shall have power and authority to frame, adopt and amend its charter...
Page 237 - It is claimed by some recent writers that it was not the intention of the framers of the Constitution to confer...
Page 91 - It is sufficient to say that an injury is received 'in the course of the employment when it comes while the workman is doing the duty which he is employed to perform.
Page 230 - If any implication is to be indulged from the delivery of the goods under the general notice, it is as strong that the owner intended to insist upon his rights and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment.
Page 65 - ... shall well, truly and faithfully comply with all the terms, covenants and conditions of said contract on their part to be kept and performed according to its tenor, then this obligation to be null and void, otherwise to be and remain in full force and virtue in law.
Page 92 - ... out of the employment. But it excludes an injury which cannot fairly be traced to the employment as a contributing proximate cause and which comes from a hazard to which the workman would have been equally exposed apart from the employment. The causative danger must be peculiar to the work and not common to the neighborhood.
Page 623 - ... companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act...
Page 230 - The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment. The exemption from these duties should not depend upon implication or inference, founded on doubtful and conflicting evidence ; but should be specific and certain, leaving no room for controversy between the parties.