Avoidable Consequences - Year 1872 - Judgments

1872

Gould Vs. Rees

Court: US Supreme Court

Decided on: Jan-01-1872

..... combination would be the proper subject of a patent and consequently would avoid the charge of infringement in a case like the ..... another mechanical device to perform the same function will not avoid the infringement adding what undoubtedly is correct that the elements ..... another mechanical device to perform the same function will not avoid the infringement cannot be sustained as the principle as there .....

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1872

The Mary Eveline

Court: US Supreme Court

Decided on: Jan-01-1872

..... avoided it by keeping further to the leeward of the hawley or by making her tack at an earlier period she cannot shift upon another the consequence ..... running against a strong ebb tide and for the purpose of avoiding the strength of the tide was running close under the eastern ..... u s 350 the answer alleges that the allen should have avoided the difficulty by luffing or keeping off it does not however .....

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1872

Railroad Company Vs. Gladmon

Court: US Supreme Court

Decided on: Jan-01-1872

..... car it is to be regarded as an inevitable accident for the consequences of which the defendant is not responsible the suggestions already made are ..... accident or even contributed to it or that it could have been avoided by the exercise of due care on his part then the plaintiff ..... accident or even contributed to it or that it could have been avoided by the exercise of due care on his own part then the .....

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1872

The Nitro-glycerine Case

Court: US Supreme Court

Decided on: Jan-01-1872

..... the proper mode of handling and dealing with it and were consequently guilty of negligence in receiving introducing and handling the box ..... the measure of care against accidents which one must take to avoid responsibility is that which a person of ordinary prudence and ..... all proper precautions necessary to the exigency of the case to avoid hurt to others the injury to the plaintiff occurred the .....

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1872

Life Insurance Company Vs. Terry

Court: US Supreme Court

Decided on: Jan-01-1872

..... pennsylvania held that if the assured comprehended the physical nature and consequences of the act and intended to destroy his life the ..... was adopted with the confessedly unsound addition that suicide would avoid a policy although there were no condition to that effect ..... caused by intoxication the condition was broken and the policy avoided in cooper v massachusetts life insurance co footnote 9 the .....

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1872

The Lucille

Court: US Supreme Court

Decided on: Jan-01-1872

..... as to cause inevitable alarm and confusion and collision as a consequence the steamer as having committed a far greater fault in allowing ..... necessary for this it is her duty to do and to avoid whatever obstructs or endangers the sailing vessel in her course if ..... east half east the vessels came together the steamer seeks to avoid this difficulty by the allegation that the schooner changed her course .....

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1872

Hume Vs. Beale's Executrix

Court: US Supreme Court

Decided on: Jan-01-1872

..... occurred nearly forty years before and before the respondent was born and consequently that she could have no personal knowledge of the circumstances yet ..... with and as was rumored was married secretly in order to avoid a forfeiture of her life estate to a certain col owings ..... and her statement is so general and so obviously necessary to avoid the bar of the statute of limitations and of lapse of .....

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1872

Carlisle Vs. United States

Court: US Supreme Court

Decided on: Jan-01-1872

..... by general proclamation relieves claimants of the proceeds of captured and abandoned property from the consequences of participation in the rebellion and from the necessity of establishing their loyalty in order ..... operation if that be possible it will be presumed that exceptions were intended which would avoid results of that nature footnote 6 such being the general effect of pardon and amnesty .....

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1872

Dexter Vs. Hall

Court: US Supreme Court

Decided on: Jan-01-1872

old rule has laid down that deeds of lunatics are avoidable only and not actually void but in thompson v leach

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1872

Merrill Vs. Petty

Court: US Supreme Court

Decided on: Jan-01-1872

..... judgment beyond the sum for which the judgment is given and consequently the defendant is not entitled to any writ of error footnote ..... the sloop keeping off and immediately luffing it became impossible to avoid the collision and that the same occurred wholly through the fault ..... such a position as entirely prevented the sloop from luffing or avoiding her in any other way that she continued her course .....

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