Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88 download torrent
Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88 download torrent
Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88.cAnonymous
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Author: Anonymous
Page Count: 194 pages
Published Date: 14 Jan 2013
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781234135867
Download Link: Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88
---------------------------------------------------------------
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...deal of money, will not, as we shall undertake to show, be a conclusive factor in the settlement of the question. It was lawfully constructed by the city, upon a public street. It was not erected with any purpose to discharge its sewage upon the premises of Comar, but rather to carry.off his drainage, as well as that of others in the same territory. The complaint is not that the city has been guilty of any misconduct in erecting a sewer where this has been constructed, but that its servants have so unskillfully built it that upon the occurrence of certain unusual conditions it discharges its contents upon the premises of defendant in error. Now, upon what authority is it to be assumed that the negligence or unskillfulness of the servants of the city in the construction of this sewer will. not be remedied ! The argument is advanced that, inasmuch as it will require the expenditure of human labor to remedy the defects in this sewer, that therefore the damages are to be treated as permanent and original, and recoverable in one action. This test is supported by the opinion of Judge Bell, who delivered the opinion of the Court in the case of Troy v. Cheshire Railroad Company, 3 Foster (N. H.), 82. In that case it appears that the railway company had built its roadway in and upon a public highway in such manner as to obstruct and destroy its value as a street. The town was held entitled to recover, as for a permanent occupation of the street, and damages were assessed accordingly. Now, if the railway was lawfully upon the street, then the damages recoverable were properly recovered in one suit. Harmon v. Railroad, supra. But if it was unlawfully there, then it was a the recovery in each action being limited to damages already accrued and...
Read online Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88 Buy Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88 Download Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88 for pc, mac, kindle, readers Download to iPad/iPhone/iOS, B&N nook Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88
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Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88.cAnonymous
Author: Anonymous
Page Count: 194 pages
Published Date: 14 Jan 2013
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781234135867
Download Link: Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88
---------------------------------------------------------------
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...deal of money, will not, as we shall undertake to show, be a conclusive factor in the settlement of the question. It was lawfully constructed by the city, upon a public street. It was not erected with any purpose to discharge its sewage upon the premises of Comar, but rather to carry.off his drainage, as well as that of others in the same territory. The complaint is not that the city has been guilty of any misconduct in erecting a sewer where this has been constructed, but that its servants have so unskillfully built it that upon the occurrence of certain unusual conditions it discharges its contents upon the premises of defendant in error. Now, upon what authority is it to be assumed that the negligence or unskillfulness of the servants of the city in the construction of this sewer will. not be remedied ! The argument is advanced that, inasmuch as it will require the expenditure of human labor to remedy the defects in this sewer, that therefore the damages are to be treated as permanent and original, and recoverable in one action. This test is supported by the opinion of Judge Bell, who delivered the opinion of the Court in the case of Troy v. Cheshire Railroad Company, 3 Foster (N. H.), 82. In that case it appears that the railway company had built its roadway in and upon a public highway in such manner as to obstruct and destroy its value as a street. The town was held entitled to recover, as for a permanent occupation of the street, and damages were assessed accordingly. Now, if the railway was lawfully upon the street, then the damages recoverable were properly recovered in one suit. Harmon v. Railroad, supra. But if it was unlawfully there, then it was a the recovery in each action being limited to damages already accrued and...
Read online Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88 Buy Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88 Download Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88 for pc, mac, kindle, readers Download to iPad/iPhone/iOS, B&N nook Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 88
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