contents exploded. As a result of the explosion‚ some scales at the other end of the platform fell and hit the Plaintiff. Ms. Palsgraf sued the train station and a jury found in her favor. The Appellate Division affirmed the decision‚ but the Court of Appeals of New York reversed the decision. PROCEDURAL HISTORY After this incident Ms. Palsgraf sued the Long Island railroad co. for negligence. She sued for the compensation of her injuries in the Kings County‚ New York State Circuit Court. She won at the
Premium United States Law Rail transport
Literally Construed? a. Salvatierra vs CA [G.R. No. 107797. August 26‚ 1996] PURITA SALVATIERRA‚ ELENITA SALVATIERRA NUNEZ‚ ANSELMO SALVATIERRA‚ JR.‚ EMELITA SALVATIERRA‚ and ROMEL SALVATIERRA‚ petitioners‚ vs. THE HONORABLE COURT OF APPEALS and SPS. LINO LONGALONG and PACIENCIA MARIANO‚ respondents. D E C I S I O N HERMOSISIMA‚ JR.‚ J.: The intricate yet timeworn issue of prescription has come to the fore in this case. Which prescriptive period for actions for annulment should
Premium Appeal Trial court Appellate court
Division) and ATTY. ROLANDO B. GO‚ JR.‚ Respondents. R E S O L U T I O N NACHURA‚ J.: Before the Court is a petition for review on certiorari1 assailing the Decision2 dated October 31‚ 2007 and the Resolution dated June 6‚ 2008 of the Court of Appeals (CA) in CA-G.R. SP No. 96279. The facts of the case are as follows: On July 9‚ 2003‚ Evangelina Masmud’s (Evangelina) husband‚ the late Alexander J. Masmud (Alexander)‚ filed a complaint3 against First Victory Shipping Services and Angelakos (Hellas)
Premium Lawyer Supreme Court of the United States Law
conclude that something has gone wrong in expressing the parties’ intentions" . The US Fairfield 274-278 Clarendon Trust v. Dwek case The US Fairfield case also relates to the construction of contracts. In this case the United States Court of Appeals‚ First Circuit‚ reasoned that under Massachusetts law the interpretation of a contract only presents an issue of fact for a jury if the contract is ambiguous. If the contract is unambiguous‚ it should be enforced according to its terms. An agreement
Premium Contract Supreme Court of the United States Insurance
facts of the case indicate that on January 24‚ 1974 Joc Oil entered into a sales contract with Con Ed whereby it was agreed that Con Ed would pay a certain price for oil that did not exceed ).50 percent sulfur. In addition‚ the New York Court of Appeals (1982) stated that Con Ed had an independent test conducted and subsequently issued a report that indicated the sulfur content
Premium Contract United States Contract law
syndrome and stop all ignorant people from ruining the minds of other students. Plummer’s purpose is to point out the issue that society is molding into uneducated individuals. Plummer writes in a formal tone for his target audience. Plummer appeals to pathos when he adds the quote about people not knowing how to “answer” simple questions such as “How are you? How do you feel?” because we are too busy “Feeling what we are supposed to feel”. He also strikes an emotional cord when he introduces
Premium Carl Jung Emotion Writing
Justin Borne Professor Preston May 10‚ 2014 BUSI 2301-4005 Karen L. JERMAN‚ Petitioner‚ v. CARLISLE‚ McNELLIE‚ RINI‚ KRAMER & ULRICH LPA‚ et al.No. 08-1200. United States Court of Appeals for the Sixth Circuit Supreme Court of the United States Decided April 21‚ 2010.Page(s) 890-891 Karen L. Jerman had a mortgage with Countrywide Home Loans and was contacted by the law firm Carlisle‚ McNellie‚ Rini‚ Kramer & Ulrich LPA‚ on behalf of Country Wide‚ seeking a foreclosure on Jerman’s
Premium United States Supreme Court of the United States Appeal
AUTHOR: KATALILO JOY INTRODUCTION This paper is aimed at discussing the finality of decisions made by administrative tribunals in exercise of their judicial functions. The discussion will focus on the case R v Medical Appeals Tribunal Ex Parte Gilmore and other cases. Governments exist to provide guidance to its people. In fulfilling this important duty‚ governments make decisions that affect the members of society. The government makes decision through its various
Premium Law Court Appeal
of Appeals (geographic-‐based: 12 regional circuit courts of appeals) • Supreme Court 2% State Court System • District court (handles most Traffic violations+ less/equal to $25000+landlord tenant matter+ all misdemeanor criminal cases; higher/lower level) o Small claims court: up to $5000. No appeal; no
Premium Jury Law Contract
CASE COMMENT Rajput Jabbarsingh Malaji V. State of Gujarat (2011) 6 SCC 308 INTRODUCTION The present case was filed as Criminal Appeal No. 943 of the year 20061 from the judgment and order dated 28/29.04.2005 of the High Court of Gujarat at Ahmedabad‚ in Criminal Appeal No. 597 of 1998. The judgement was delivered by a two judge bench of Hon’ble Mr. Justice Ashok Kumar Ganguly and Hon’ble Mr. Justice Deepak Verma decided on 24.05.2011. The most important
Premium Court Appeal Jury