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Irish Common Law Reports: Reports of Cases Argued and Determined ..., Volumen11
Vista completa - 1861
according action admitted affidavit alleged answer appears application argument assigns authority breach brought buildings cause charge child claimed Commissioners Common Common Pleas conditional consideration considered construction contended continued contract costs count Court covenant custody custom Deane death decided decision deed defendant demised devise directed doubt duty easement effect entered entitled evidence executed existence fact FITZGERALD further give given grant Grey ground heirs held intention interest Ireland issue John Judge judgment June jury Justices lands lease leaving limitation Lord matter means mentioned Miss Aylward motion necessary notice objection obtained opinion original paid party passing person plaint plaintiff pleaded possession premises present proceedings Queen's Bench question reason referred remainder rent repair respect road rule sons statute sufficient taken tenant term thereof Thomas trial verdict writ
Página 300 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Página 318 - ... upon the death of any person, dying after the time appointed for the commencement of this Act. either immediately or after any interval, either certainly or contingently, and either originally or by way of substitutive limitation, and every devolution by law of any beneficial interest in property, or the income thereof, upon the death of any person...
Página 303 - The Rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester (x), that although there may have been Negligence on the part of the plaintiff, yet unless he might by the exercise of ordinary care have avoided the consequences of the defendant's Negligence, he is entitled to recover. But if by ordinary care he might have avoided them, he is the author of his own wrong.
Página 330 - ... shall denote the person so entitled ; and the term " predecessor" shall denote the settlor, disponer, testator, obligor, ancestor, or other person from whom the interest of the successor is or shall be derived.
Página 103 - No one can suppose that Lord Cottenham could be, in the remotest degree, influenced by the interest that he had in this concern ; but, my Lords, it is of the last importance that the maxim that no man is to be a judge in his own cause should be held sacred.
Página 157 - I have only to add that the facts of this case do not bring it within the principle laid down in Stubbs v.
Página 305 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Página 477 - But no case can be found in which it has been held that a...
Página 322 - ... successors, then, one duty only shall be paid in respect of such interest, and shall be due from the successor who shall first become entitled thereto in possession ; but such duty shall be at the highest rate which, if every such successor had been subject to duty, would have been payable by any one of them.
Página 11 - Preemption [ a grant from it may be presumed from great length of possession, '' not because the court really thinks a grant has been made, because it is not probable a grant should have existed without its being upon record \ but they presume the fact for the purpose and from a principle of quieting the possession.