Berks County Law Journal, Volume 12Berks County Bar Association., 1920 Containing cases decided by the courts of Berks County, Pennsylvania. |
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accident action affidavit of defense agreement alleged Amanda Ruth appeal April automobile averred Beaver county Berks County Borough bound car claim claimant Common Pleas contract contributory negligence counsel Court of Common Cyrus G damages death deceased decedent December 31 deed defendant and rule defendant company defendant's delivered Drumheiser Elmer Phillippi Emma Emma G Engel entitled evidence execution executor fact favor filed Flicker fraud Frill George W ground Homan husband injury interest issue Jacob judgment n. o. v. jury lease Leesport legacy March March 31 Mary ment mortgage Muhlenberg Township nuncupative Opinion by Endlich Opinion by Wagner parties payment person petition petitioner plaintiff Pleas of Berks premises probate provides question real estate reason res adjudicata spendthrift trust statement street suit Superior Ct supra testamentary testatrix testified testimony thereof tion trial trust Updegraff verdict Weisner Wernersville West Reading widow wife witnesses Wyomissing
Bagian yang populer
Halaman 32 - 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.
Halaman 33 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Halaman 203 - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
Halaman 140 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law...
Halaman 85 - ... wages due to workmen, clerks, traveling or city salesmen, or servants, which have been earned within three months before the date of the commencement of proceedings not to exceed six hundred dollars to each claimant...
Halaman 45 - In order to make a matter res judicata, there must be a concurrence of four conditions, namely : (1) identity in the thing sued for; (2) identity of the cause of action; (3) identity of persons, and of parties to the action; (4) identity of the quality in the persons for or against whom the claim is made.
Halaman 31 - When a thing which causes the injury is shown to be under the management of the defendant, 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 defendant, that the accident arose from want of care.
Halaman 66 - Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances, showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted. or, if no time was fixed for acceptance, then at the time of the refusal to accept.
Halaman 14 - That every will shall be in writing, and unless the person making the same .shall be prevented by the extremity of his last sickness, shall be signed by him at the end thereof, or by some person in his presence, and by his express direction, and in all cases shall be proved by the oaths or affirmations of two or more competent witnesses, otherwise such will shall be of no effect.
Halaman 45 - . . . to make a matter res adjudicata, there must be a concurrence of the four following conditions: (1) Identity in the thing sued for; (2) identity of the cause of action ; (3) identity of persons and of parties to the action ; (4) identity of the quality in the persons for or against whom the claim is made.