The Southeastern Reporter, Volume 15

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West Publishing Company, 1892 - Law reports, digests, etc
 

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Page 213 - ... five per centum on the value of the taxable property therein, to be .ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness.
Page 166 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 192 - The distinct ground of our decision in the case at bar is that where a contract of the kind, signed by the shipper, is fairly made, agreeing on the valuation of the property carried, with the rate of freight based on the condition that the carrier assumes liability only to the extent of the agreed valuation, even in case of loss or damage by the negligence of the carrier, the contract will be upheld as a proper and lawful mode of securing a due proportion between the' amount for which the carrier...
Page 196 - It is just and reasonable that such a contract, fairly entered into, and where there is no deceit practiced on the shipper, should be upheld. There is no violation of public policy.
Page 266 - No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land.
Page 195 - ... and his customer do not stand on a footing of equality. The latter is only one individual of a million. He cannot afford to higgle or stand out and seek redress in the courts. His business will not admit such a course. He prefers, rather, to accept any bill of lading, or sign any paper the carrier presents ; often, indeed, without knowing what the one or the other contains. In most cases, he has no alternative but to do this, or abandon his business.
Page 269 - That if any person, being married, shall marry any other person during the life of the former husband or wife,' whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling aiding or abetting such offender, shall be guilty of felony...
Page 297 - Be it further enacted, that such companies shall deliver all dispatches to the persons to whom the same are addressed or to their agents, on payment of any charges due for the same. Provided, such persons or agents reside within one mile of the telegraphic station or within the city or town in which such station is.
Page 270 - That, by virtue of this, it is not only the right, but the bounden and solemn duty of a State, to advance the safety, happiness and prosperity of its people, and to provide for its general welfare, by any and every act of legislation which it may deem to be conducive to these ends; where the power over the particular subject, or the manner of its exercise is not surrendered or restrained, in the manner just stated.
Page 195 - But the proposition to allow a public carrier to abandon altogether his obligations to the public, and to stipulate for exemptions that are unreasonable and improper, amounting to an abdication of the essential duties of his employment, would never have been entertained by the sages of the law.

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