Reports of Cases Determined in the Appellate Courts of Illinois, Volume 155


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Página 317 - 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 640 - In every case involving actionable negligence, there are necessarily three elements essential to Its existence: (1) The existence of a duty on the part of the defendant to protect the plaintiff from the injury of which he complains; (2) a failure by the defendant to perform that duty ; and (3) an injury to the plaintiff from such failure of the defendant. When these elements are brought together, they unitedly constitute actionable negligence. The absence of any one of these elements renders a complaint...
Página 245 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Página 618 - the first general maxim of interpretation is, that it is not allowable to interpret what has no need of interpretation.
Página 617 - Vattel's first general maxim of interpretation is that " it is not allowable to interpret what has no need of interpretation...
Página 147 - ... (3) have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation or defalcation while acting as an officer or in any fiduciary capacity...
Página 521 - He who buys that which is not assignable at law, relying upon a court of chancery to protect and enforce his rights, takes it subject to all infirmities to which it is liable in the hands of the assignor; and the reason is, that equity will not lend itself to deprive a party of a right which the law has secured him, if such right is intrinsically just of itself.
Página 246 - ... then this obligation to be null and void, otherwise to remain in full force and effect.
Página 596 - Moreover, the general rule of law is that the boarding or alighting from a moving railroad train is presumably and generally a negligent act per se, and in order to rebut this presumption and Justify a recovery for an injury sustained in getting on or off a moving train it must appear that the passenger was, by the act of the defendant, put to an election between...
Página 31 - Court, in term time or vacation, at any time hereafter, and confess a judgment, without process, in favor of the holder of this Note, for such amount as may appear to be unpaid thereon, together with costs and...

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