The British Columbia Reports, Volume 14Province Publishing Company, 1909 - Law reports, digests, etc |
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Common terms and phrases
1908 FULL COURT accused action agreement alleged appeal was argued application April April 29 arbitration argued at Vancouver Argument authority award British Columbia by-law Canada Evidence Act Canadian Pacific Railway City of Vancouver claim CLEMENT Code common law contract conviction Corporation costs Council counsel County Court Criminal Crown grant damages deceased defendant Company dismissed Dominion entitled ESQUIMALT evidence fact FULL COURT 1909 gold commissioner held HUNTER IRVING judgment June jurisdiction jury Justice LAMPMAN land learned judge learned trial judge liability lien Loo Gee Wing Lord Herschell LUMBER magistrate March March 9 MARTIN matter MORRISON mortgage municipality Nanaimo negligence notice offence opinion owner parties person plaintiff proceedings Province provisions purchaser question Railway Company reason referred rule security for costs Sept shew Solicitors for appellant Solicitors for respondent Statement statute sub-section tion Traves Victoria West Kootenay WILSON
Popular passages
Page 432 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.
Page 432 - ... a reasonable opportunity of examining them for the purpose of ascertaining whether they are .in conformity with the contract.
Page 329 - But there is another general principle of law which is more applicable to this case, that it is better that an individual should sustain an injury than that the public should suffer an inconvenience.
Page 222 - ... within six months next after the doing or committing of such damage ceases, and not afterwards...
Page 322 - The purpose of such a statute surely was that on any point specifically dealt with by it, the law should be ascertained by interpreting the language used, instead of, as before, by roaming over a vast number of authorities...
Page 197 - Save as is otherwise expressly provided, whenever forms are prescribed slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them.
Page 222 - ... and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon...
Page 64 - The case was one unquestionably within the province of a jury, and in my opinion the verdict ought not to be disturbed unless it was one which a jury, viewing the whole of the evidence reasonably, could not properly find.
Page 200 - Kingdom, and by the Governor as respects any other part of her Majesty's dominions, and containing such consent and certificate, shall be sufficient evidence for all the purposes of this Act of the consent and certificate required by this Act. Proceedings before a justice of the peace or other magistrate previous to the committal of an offender for trial or to the determination of the justice or magistrate that the offender is to be put upon his trial shall not be deemed proceedings for the trial...
Page 69 - ... hastily ; but in matters that regard the conduct of men, the certainty of mathematical demonstration cannot be required or expected ; and it is one of the peculiar advantages of our jurisprudence, that the conclusion is to be drawn by the unanimous judgment and conscience of twelve men, conversant with the affairs and business of life, and who know, that where reasonable doubt is entertained, it is their duty to acquit ; and not of one or more lawyers, whose habits might be suspected of leading...