Reports of Cases Determined in the Appellate Courts of Illinois, Volume 116 |
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Reports of Cases Determined in the Appellate Courts of Illinois, Volume 154 Illinois. Appellate Court Visualização completa - 1911 |
Termos e frases comuns
Affirmed alleged amount Andrew Marshall appellant's appellee appellee's assessment assumpsit attorney avers bill cause of action certificate charged Chicago City Chicago City Railway Circuit Court City of Chicago claim Coal complained contract Cook County counsel court erred Court of Cook court of equity damages danger declaration decree defendant in error defendant's delivered the opinion demurrer duty entitled evidence fact fees filed October 14 guilty Havighorst Heard held Illinois instructs the jury issue jointer Judge judgment JUSTICE BALL Kaehler land loan Macon County ment mortgage motion negligence October 14 operating Opinion filed October ordinance paid parties passenger payment plaintiff in error plea pleadings premises proof question railroad reason record recover refused Reversed and remanded September 9 servant statute street suit sustained testified testimony thereof tion track train trial court verdict warrant witness
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Página 605 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Página 607 - ... vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt...
Página 530 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the insured unless so written or attached.
Página 530 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Página 357 - J., observed that in order for it to apply "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 defendants, that the accident arose from want of care.
Página 281 - It will not do for a man to enter into a contract, and when called upon to respond to its obligations, to say that he did not read it when he signed it, or did not know what it contained. If this were permitted, contracts would not be worth the paper on which they are written. But such is not the law. A contractor must stand by the words of his contract; and, if he will not read what he signs, he alone is responsible for his omission.
Página 163 - Contractor, then the time herein fixed for the completion of the work shall be extended for a period equivalent to the time lost by reason of any or all of the causes aforesaid ; but no such allowance shall be made unless a claim therefor is presented in writing to the Architect within twentyfour hours of the occurrence of such delay.
Página 572 - A city is not an insurer against accidents upon its streets and sidewalks. It is simply required to keep its streets and sidewalks in a reasonably safe condition for persons traveling in the usual modes by day and night, and using ordinary care.
Página 530 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto; and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy, except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Página 327 - ... him by the person for whom the work is done, without being subject to the orders of the latter in respect to the details of the work, is clearly a contractor .and not a servant.