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Articles 121 - 131 of 131

Full-Text Articles in Law

The Liability Of Water Companies For Fire Losses, Edson R. Sunderland Jan 1905

The Liability Of Water Companies For Fire Losses, Edson R. Sunderland

Articles

It is a general principle, of very wide application, that a municipal corporation, in the absence of a statute, is not obliged to undertake the execution of governmental functions respecting the health, peace or property of its citizens. Nor is such corporation liable for the insufficient or negligent execution of such functions in case it undertakes to perform them. The ground of this exemption is that the municipality, in these matters, exercises discretionary powers conferred upon it by the state, and acts, not for itself in its corporate capacity, but for the general public as an agent of the central …


Liability Of Railroad Companies For Medical Services Rendered To Injured Employees And Others, Harry B. Hutchins Jan 1903

Liability Of Railroad Companies For Medical Services Rendered To Injured Employees And Others, Harry B. Hutchins

Articles

Although it has been held that, by virtue of the relation between them, the employer is bound to furnish medical aid to his sick or injured employee,1 yet, at the present time, according to the general concensus of opinion, this is not the law.


Preferences Arising From Trust Relations, Harry B. Hutchins Jan 1902

Preferences Arising From Trust Relations, Harry B. Hutchins

Articles

Where property has once been impressed with a trust, the quality inheres therein and in the proceeds thereof so long as the trust relation continues, provided the rights of a bonafide purchaser for value and without notice do not intervene and identification remain possible. The trust impress, in the absence of a superior equity, at once places property in the preferred class. In equity, trust property belongs to the cesiui que trust, and his claim to it cannot be defeated by the insolvency or dishonesty of the trustee, if it constitutes, in an identifiable form, a part of the trustee's …


Authority Of Allen V. Flood, Horace Lafayette Wilgus Jan 1902

Authority Of Allen V. Flood, Horace Lafayette Wilgus

Articles

In the case of Allen v. Flood, one of the Lords asked this interesting question, "If the cook says to her master, 'Discharge the butler or I leave you,' and the master discharges the butler, does the butler have an action against the cook?" This, Lord Shand said, was the simplest form in which the very question in Allen v. Flood could be raised.4 And, like the original question, it puzzled the judges and Lords very much to answer.


Authority Of Allen V. Flood, Horace Lafayette Wilgus Jan 1902

Authority Of Allen V. Flood, Horace Lafayette Wilgus

Articles

In the case of Allen v. Flood, one of the Lords asked this interesting question, "If the cook says to her master, 'Discharge the butler or I leave you,' and the master discharges the butler, does the butler have an action against the cook?"' This, Lord Shand said, was the simplest form in which the very question in Allen v. Flood could be raised.


Liability Of Public Officers To Private Actions For Neglect Of Official Duty, Thomas M. Cooley Dec 1876

Liability Of Public Officers To Private Actions For Neglect Of Official Duty, Thomas M. Cooley

Articles

A public office is a public trust.The incumbent has a property right in it, but the office is conferred, not for his benefit, but for the benefit of the political society. The duties imposed upon the officer are supposed to be capable of classification under one of three heads: the legislative, executive, or judicial; and to pertain, accordingly, to one of the three departments of the government designated by these names. But the classification cannot be very exact, and there are numerous officers who cannot be classified at all under these heads. The reason will be apparent if we name …


The Cases In Which The Master Is Liable For Injuries To Servants In His Employ, Thomas M. Cooley Jan 1876

The Cases In Which The Master Is Liable For Injuries To Servants In His Employ, Thomas M. Cooley

Articles

The frequency with which questions arise, and become the subject of legal controversy, concerning the liability of an employer to persons receiving injuries in his service, must be the excuse for the present paper. The legal questions have recently received the attention of many able jurists, and several of the difficulties which surrounded the general subject but a few years ago may now be considered permanently removed. The purpose here will be, to present the general rules which have been laid down by the authorities, with some of the reasons on which they are based.


Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley Dec 1875

Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley

Articles

In the present paper those cases will be considered in which one person suffers an injury in consequence of the exercise by another person of his legal rights. Many such cases occur in which, although the injury may be severe, the law will award no compensation, there being no tort in the case because there is an absence of that wrong the concurrence of which with damage is essential to an action. Negligence might supply the wrong, but we now speak of cases of which that is not an element.


Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley Dec 1875

Incidental Injuries From Exercise Of Lawful Rights, Thomas M. Cooley

Articles

In the present paper those cases will be considered in which one person suffers an injury in consequence of the exercise by another person of his legal rights. Many such cases occur in which, although the injury may be severe, the law will award no compensation, there being no tort in the case because there is an absence of that wrong the concurrence of which with damage is essential to an action. Negligence might supply the wrong, but we now speak of cases of which that is not an element.


Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley Dec 1870

Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley

Articles

The distinctions between an action for a tort and one upon contract are such that where the one will lie the other generally will not; but there are nevertheless some cases in which either may be brought at the election of the party injured. Thus, it is sometimes the case, that, in a business relation, the law makes it the duty of a party to observe a certain course of conduct with regard to the rights of others, where by contract he has also undertaken for the same thing; and in such a case a breach of duty is coincident …


Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley Dec 1870

Of The Right To Waive A Tort And Sue In Assumpsit, Thomas M. Cooley

Articles

The distinctions between an action for a tort and one upon contract are such that where the one will lie the other generally will not; but there are nevertheless some cases in which either may be brought at the election of the party injured. Thus, it is sometimes the case, that, in a business relation, the law makes it the duty of a party to observe a certain course of conduct with regard to the rights of others, where by contract he has also undertaken for the same thing; and in such a case a breach of duty is coincident …