Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Nide 13

William Mark McKinney, Burdett Alberto Rich

Edward Thompson Company, 1916

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Right of Abutting Owners to Make Improvements and Repairs	76

Duty of Abutting Owners	77

Removal of Ice and Snow	88

PARTICULAR IMPROVEMENTS 79 Construction and Improvements of Sidewalks	90

Cleaning and Sprinkling Streets	91

Rule Stated COMPENSATION AND DAMAGES GENERALLY	92

Right of Public Service Corporations 83 Liability as between Municipality and Contractor	94

INJURIES RESULTING FROM PLAN 84 Rule Stated and Illustrated	95

MUNICIPAL LIABILITY GENERALLY 258 Rule Stated	309

Necessity of Statute	312

Statutory Liability	314

Special Exemption from or Modification of Liability	315

LIABILITY OF PRIVATE CORPORATIONS AND INDIVIDUALS GENERALLY 262 Rule Stated	316

Effect of Contractual or Statutory Duty	318

Notice as Essential to Liability Constructive Notice Failure to In spect	319

Rule Stated LIABILITY OF ABUTTING OWNERS GENERALLY	321

Qualifications and Limitations of Rule	96

GRADING AND CHANGES OF GRADE 86 Power to Grade and Regrade	97

Right as against Public Service Corporations	98

Changes by or for Benefit of Individuals or Corporations	99

Right to Compensation Generally	100

Constitutional Provisions 91 Statutory Provisions 92 Original Establishment and Subsequent Changes	103

What Amounts to Establishment of Grade	104

Negligent or Wanton Injuries	105

Unauthorized and Illegal Grading 96 Persons Entitled to Compensation	107

Measure of Damages	108

Remedies	110

Generally INTERFERENCE WITH FLOW OF WATER	111

Use or Removal of Soil Rock and Gravel in Improvement of Highway	112

Seepage through Surface of Highway 101 Discharge through Artificial Channel	113

Duty to Care for Collected Water	114

Diversion of Watercourses 104 Preventing Flow from Adjoining Land	115

Condemnation of Right V Ownership of	116

Right of Fee Owner to Use Subsurface	117

Right to Lay Water and Gas Pipes	118

Drainage Irrigation and the Like	119

Generally	120

Nature of Title and Rights of Fee Owner Generally	121

Fee Subordinate to Public Easement	123

Use of Way as Trespass on Owners Rights	125

Sale Reservation and Condemnation of Fee Title	126

Ownership of Soil	127

Right to Construct Docks	135

Remedies of Fee Owner	136

Rights of Abutting Owners 122 Who Are Abutting Owners GENERALLY	138

Rights Generally Additional Servitudes	139

Duty of Municipality to Abutting Owners	141

PARTICULAR RIGHTS 125 Access	142

Light Air and View	144

Right to Construct Areas Cellar Ways and the Like	146

Lateral Support	148

Excavations Affecting Lateral Support of Highway VII Highway Officers NATURE POWERS AND LIABILITIES 130 Election Nature Powers and ...	149

Liability for Injuries Generally	150

Injuries to Property	152

Liability for Acts of or Injuries to Employees	153

LIABILITY OF MUNICIPAL AND QUASI MUNICIPAL CORPORATIONS FOR ACTS OF OFFICERS AND EMPLOYEES 134 Generally	154

Liability as Dependent on Status of Wrongdoer	156

Unauthorized and Unlawful Acts	157

Liability of Counties Townships and Towns	158

Highway Taxes Assessments and Work 138 Generally TAXES AND ASSESSMENTS	159

Right to Tax as Affected by Location of Highway	160

Right of Counties and Townships to Tax City Property	161

Regulation and Control of Highways Generally POWER TO REGULATE AND CONTROL 143 Legislative Authority	169

Power of Municipal Corporations	169

Jurisdiction over City Streets as between City and County 146 Limitations on Power	169

Municipal Delegation or Alienation of Power	169

FRANCHISE OR LICENSE TO USE STREETS OR HIGHWAYS 148 Necessity for Franchise or License	170

Power to Grant	171

Necessity for Municipal Consent	172

Right to Impose Conditions	173

Nature and Construction of Grant Generally	174

Revocation or Impairment of Right Granted	175

Relative Rights of Abutting Owners and Public Service Corporations	176

Police Power	177

Remedies for Unlawful Cutting of Trees	178

Estoppel to Revoke License or Franchise	179

Effect of Annexation on Rights Previously Granted	180

NATURE AND EXTENT OF PUBLIC AND MUNICIPAL RIGHTS 157 Extent of Public Easement	181

Public Right as Affected by Public Needs City and Country Highways	182

Obstruction of Street for Business Purposes Generally	183

Nature of Municipalitys Interest	184

Building Materials	185

Obstructions and Encroachments 160 As Nuisance	186

Obstruction by Railroad Trains	187

Right to Permit	188

Temporary Barriers	189

GENERALLY PERMANENT OBSTRUCTIONS AND ENCROACHMENTS 162 Awnings Signs Bill Boards and the Like	190

Areas Cellars Vaults Coal Holes and Tunnels	191

Hitching Posts	193

Steps and Stairways	194

Hydrants Pumps Cisterns and Drinking Fountains	195

Gas and Water Pipes Sewers and Drains 168 Buildings and Structures in General	196

Structures and Appliances for Public Benefit Municipal Buildings	198

Telegraph Telephone and Electric Light Lines Poles and Wires 171 Bridges Overhead Crossings Fences and Gates	200

Railways	202

Regulation of Traffic	212

License to Use Vehicles	213

CIVIL REMEDIES AND PROCEDURE	224

Consent of Abutting Owner as Affecting Right to Relief	226

Necessity of Special Injury	227

What Constitutes Special Injury Generally	229

Interruption of Journey	230

Cutting off Access	231

Interference with Light Air and View 197 Interference with Business and the Like	234

Action for Damages	236

Measure and Elements of Damage	237

Remedy of State or Municipality in Equity	238

Remedy of Individuals in Equity	240

Procedure in Injunction Suits 203 Abatement by Public Authorities	242

Abatement by Individuals	244

204a Recovery for Injuries to Highways	245

CRIMINAL PROSECUTION 205 Criminal Liability Generally	246

Obstruction of Crossings by Railroad Trains	248

Indictment and Prosecution	249

Right to Use and Methods of Using Streets and Highways RIGHT TO USE AND REGULATION OF USE 208 Right of Passage and Travel Generally	251

Generally	256

Restriction of Parts of Highway to Particular Uses	260

Parkways and Pleasure Drives	261

Noises Music Crowds	262

Parades	264

Moving Buildings Interference with Wires and Trees	265

Advertising	267

Wharfage Rights	268

Right to Go Extra Viam	269

LAW OF THE ROAD 222 In General	270

To What Vehicles and Persons Applicable 224 Fire Apparatus Ambulances and the Like	271

Degree of Care Required	272

Persons on Horseback Light and Loaded Vehicles 226 Vehicles Proceeding in Opposite Directions	273

Passing Vehicles Proceeding in Same Direction	275

Vehicle Overtaken by Another	277

Vehicles Crossing Street or Stopping 230 Vehicles IIeeting at Street Intersections Turning from One Street into Another	278

NEGLIGENCE IN USE OF HIGHWAY 231 Relative Rights of Travelers	279

Basis of Liability for Injuries	280

Care Required of Travelers Generally	281

Duty of Drivers Toward Persons in Streets	282

Driving at Immoderate Speed	283

Runaway Horses	284

Unhitched and Unattended Horses	285

Violation of Law of Road as Negligence	286

Proximate Cause	288

Contributory Negligence	289

Right to Assume that Others Will Exercise Due Care	290

Care Required of Pedestrians Generally	291

Safety Pending Repairs	292

Duty to Look and Listen	293

Children Cripples and Defectives	294

Remedies and Procedure 246 Evidence	295

Questions of Law and Fact	296

Damages	298

Criminal Liability INJURIES RESULTING FROM IMPROPER USE OF HIGHWAY 250 Liability of Municipality Generally	299

Games and Sports 252 Racing	301

Coasting	302

Exhibitions and Shows	303

Discharge of Fireworks Cannon and the Like	304

Statutory Liability	308

Statutory Duty and Liability	322

Duty and Liability in Use of Abutting Property	324

Liability of Grantee	325

Generally EFFECT OF LEASE OF ABUTTING PROPERTY	326

Acts or Negligence of Tenant	328

Retention of Control by Landlord	329

Covenant or Duty to Repair as Affecting Liability	330

RESPONSIBILITY FOR ACTS OF INDEPENDENT CONTRACTOR 273 Generally	332

Obstructions and Defects Collateral to Work 275 Effect of Control of Work by Employer or Contractor	335

Liability of Contractor	336

KNOWLEDGE OR NOTICE AS AFFECTING MUNICIPAL LIABILITY 277 Necessity of Notice Generally	337

Defects or Obstructions Created by Municipality	338

Granting of Permit or License as Notice 280 Sufficiency of Knowledge or Notice Generally	340

Notice of Latent Defects	342

Statutes Requiring Actual or Written Notice	343

Notice to Municipal Officers or Employees	345

Notice to Policeman	347

Matters Considered on Question of Notice 286 Duty to Anticipate Defects Inspection	348

Frequency and Sufficiency of Inspection	349

Appliances of Public Service Corporations	350

Estoppel to Deny Existence of Highway	363

Unopened or Unimproved Highways	364

Streets and Highways in Annexed Territory 299 Alleys	365

Fords 301 Negligence as Affected by Location of Highway	366

LIABILITY FOR INJURIES TO PARTICULAR CLASSES OF PERSONS 302 Municipal Officers and Employees	367

Children	369

PURPOSE FOR WHICH HIGHWAY IS BEING USED AS AFFECTING LIABILITY 304 In General	370

Traveling	372

Character of Vehicle	374

Unlawful or Improper Use Generally	376

Use of Sidewalks for Other than Pedestrian Travel	377

WHAT PORTION OF WAY MUST BE KEPT SAFE FOR TRAVEL 309 In Counties and Towns 310 In Cities and Villages	379

Defects and Obstructions Outside of Traveled Portion	381

Park Strips	383

NATURE AND KINDS OF DEFECTS OR OBSTRUCTIONS AS DETERMINING LIABILITY	384

Generally	385

Buildings Steps Doors Gates and Scales	386

Carriage Blocks and Stepping Stones	387

Temporary Obstructions	388

Barriers	389

Vehicles Tools and Machines Allowed to Remain in Highway 319 Refuse Stones and Earth Poles Posts and Stakes	390

Excavations Holes Ruts or Other Inequalities in Surface of Highway	392

Trees	394

Appliances of Water and Gas Companies	395

Escaping Steam or Hot water	396

Slippery Walks 328 Loose and Decayed Boards	401

Generally Areas VaultS COAL HOLES AND THE LIKE	402

Liability of Abutting Owner	403

Liability of Municipality	405

Liability of Third Persons TELEGRAPH TELEPHONE AND ELECTRIC LIGHT POLES AND WIRES 333 In General	406

Appliances of Municipal Lighting Plant SNOW AND ICE 335 Liability of Municipality Generally	408

Duty of Municipality with Respect to Roadways and Crossings	409

Injuries Resulting from Conditions Outside of Highway 338 Ridges and Accumulations of Ice and Snow	411

Smooth and Slippery	412

Accumulations Due to Negligence of Municipality	414

Liability of Abutting Owner for Failure to Remove Ice and Snow	415

Ice from Water Discharged into Street	416

Snow Deposited in Street	417

In General DANGEROUS PLACES OUTSIDE OF HIGHWAY	418

Means of Access from Private Property	420

Duty of Municipality to Erect Barriers or Railings Along Highway	421

Duty of Private Individuals or Corporations	424

Proximity of Dangerous Place to Highway as Determining Liability	425

Liability of Owner Generally	427

Fall of Ice and Snow	429

Articles Thrown from Windows 352 Buildings in Course of Construction	430

Liability of Municipality	431

LIGHTING HIGHWAYS 354 Duty of Municipality to Light	432

Character and Sufficiency of Lights	433

DUTY TO GUARD DANGEROUS PLACES WITHIN LIMITS OF HIGHWAY 356 Duty and Liability of Municipality in General	435

Duty of Municipality with Respect to Coal Holes Areas and the Like	437

Duty and Liability of Private Corporations and Individuals Generally	438

Duty with Respect to Coal Holes and Similar Openings	439

Sufficiency of Warnings	440

Maintenance and Removal of Warnings	441

GENERAL CONSIDERATIONS AS TO NEGLIGENCE 362 Application of Doctrine of Res Ipsa Loquitur	442

Violation of Statute or Ordinance as Negligence	444

Duration of Obstruction or Defect as Affecting Liability	445

In General PROXIMATE CAUSE	446

Concurring Causes Generally	448

Recovery Allowed Notwithstanding Concurring Cause	449

Defect or Obstruction as Sole Cause	451

Act of Third Person or Plaintiff as Intervening or Contributing Cause 370 Accidents Natural Causes 371 Injuries Not Resulting from Immediate Cont...	454

Efforts to Escape or Minimize Danger Sudden Peril	455

In General FRIGHT OF HORSE AS CONCURRING CAUSE 374 Rule Permitting Recovery	456

Rule of Nonliability	458

Liability as Affected by Cause of Fright	460

Momentary Loss of Control	461

CONTRIBUTORY NEGLIGENCE AND ASSUMPTION OF RISK 378 In General	462

Leaving Highway or Traveled Track	466

Walking in Roadway	467

Crossing Street	468

Selection and Management of Horse or Team	470

Defective Vehicle or Harness Want of Lights Excessive Load 384 Illegal or Improper Use of	471

Limitations 210 Comprehensiveness of Public Easement 211 Traction Engines Steam Rollers and the Like	472

Knowledge of Existence of Defect or Obstruction	475

Voluntarily Going into Danger	478

Choice of Ways 390 Diversion of Attention or Momentary Forgetfulness	480

Patent Defects 392 Persons under Disability Generally	482

Intoxicated Persons 394 Children 395 Firemen and Policemen	484

Imputed Negligence	486

NOTICE OF INJURY	487

Statement of Cause and Circumstances of Injury	490

Specifications as to Nature and Extent of Injury Damages Claimed and Residence of Claimant	491

Defective Notices Supplementary Notice by Oral Evidence 403 Excuses for Failure to Give Notice Waiver	492

PLEADING AND PRACTICE 404 Joinder of Parties	493

Pleadings in General	495

Necessity for Alleging Negligence	496

Sufficiency of Averments as to Negligence	497

Proximate Cause 409 Contributory Negligence	498

Generally DEFECTS IN OR OBSTRUCTIONS ON SIDEWALKS	499

Effect of Judgment	500

BURDEN OF PROOF AND SUFFICIENCY OF EVIDENCE 413 In General	501

Burden of Proof as to Contributory Negligence	502

ADMISSIBILITY OF EVIDENCE 415 In General	503

Ordinances	505

Opinions as to Safety or Sufficiency 418 Evidence as to Condition before and After Accident	506

Evidence as to Repairs	507

Condition of Other Highways 421 Method of Construction in Other Municipalities	508

Proof of Other Accidents	510

Proof of Absence of Other Accidents 424 Evidence of Custom	511

Notice	512

Contributory Negligence	513

In General QUESTIONS OF LAW AND FACT INSTRUCTIONS	514

Necessity for and Sufficiency of Warnings Guards and Barriers	516

Reasonable Use of Highway Temporary Obstructions	517

Proximate Cause	518

Notice of Defect or Obstruction	519

Notice of Injury 433 Contributory Negligence Generally	521

Attempting to Pass Known or Obvious Defects	524

Instructions	526

INDEMNITY AND CONTRIBUTION 436 The Right in General	527

Conditions Precedent	528

Parties in Pari Delicto	529

Applications of Rule Allowing Indemnity	530

Right of Private Individuals or Corporations 441 Force and Effect of Judgment in Original Action	532

In General 398 By Whom and When Given Formal Requisites 399 Specification of Time and Place of Injury	591

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Muita painoksia - Näytä kaikki

Ruling Case Law: As Developed and Established by the Decisions and ..., Nide 2
William Mark McKinney,Burdett Alberto Rich
Koko teos - 1914

Ruling Case Law: As Developed and Established by the Decisions and ..., Nide 7
William Mark McKinney,Burdett Alberto Rich
Koko teos - 1915

Ruling Case Law: As Developed and Established by the Decisions and ..., Nide 3
William Mark McKinney,Burdett Alberto Rich
Koko teos - 1914

Näytä kaikki »

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abutting owner action adjoining Ass'n caused Chicago circumstances Cloverdale collision Colo Conn constitute constructed contractor contributory negligence County Covington County crossing damages dangerous dedication defects or obstructions driver duty EMINENT DOMAIN erected exercise fact failure Flemingsburg grade grant guilty horse imposed infra injuries resulting ipality Kansas City keep King County land liable for injuries license Louis Louisville maintain Marietta Chair Co Minn munic municipal authorities municipal corporation municipality is liable notice nuisance officers Ohio St Okla ordinance ordinary Oskaloosa pass pedestrian permit person premises public highway public street public travel purpose railroad reasonably safe recovery render repair road rule sidewalk statute statutory street or highway supra Terre Haute thereof tion vehicles walk Wash Waters-Pierce Oil Co York

Suositut otteet

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Sivu 726 - Sometimes, owing to the equivocal character of the instrument — as a belaying pin — or the manner and circumstances of its use, the question becomes one of law and fact, to be determined by the jury under the direction of the court.‎

Näkyy 76 teoksessa alkaen 1844-1974

Sivu 698 - In the forum of conscience there is no doubt considerable difference between a murder deliberately planned and executed, by a person of unclouded intellect, and the reckless taking of life by...‎

Näkyy 29 teoksessa alkaen 1860-1996

Sivu 690 - This, however, seems only, or at least principally, to hold as to positive crimes, so created by the laws of society, and which therefore society may excuse; but not as to natural offences so declared by the law of God, wherein human magistrates are only the executioners of divine punishment.‎

Näkyy 38 teoksessa alkaen 1824-2006

Sivu 672 - After the passage of this act all property which shall pass by will or by the intestate laws of this state, from any person who may die seized or possessed of the same while a resident of this state, or if such decedent was not a resident of this state at the time of death, which property, or any part thereof, shall be within this state...‎

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Kirjaluettelon tiedot

Otsikko	Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases ..., Nide 13 Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, William Mark McKinney
Toimittajat	William Mark McKinney, Burdett Alberto Rich
Kustantaja	Edward Thompson Company, 1916

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