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The Northeastern Reporter Volume 65

The Northeastern Reporter Volume 65


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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. 1903 edition. Excerpt: ...error. Judgment affirmed. ROBIXSOX and BLACK, JJ., concur. HBXLEY. J., not participating. COMSTOCK, J., absent. ROBY, C. J. (concurring). An Intervening agent, iri order to break the chain of events between appellant's alleged negligence and appellee's alleged injury, must have been independent. It does not appear that any Independent agent intervened in any way. The act which appellant now claims caused the injury was its own act. Exemption from responsibility cannot thus be secured. Kraut v. Railway Co., 160 Pa. 327-335, 28 Atl. 783. 30 Ind. App. 116) MILLER et al. v. BOWERS. Appellate Court of Indiana, Division No. 1. Nov. 25, 1902.) MUNICIPAL. CORPORATIONS--CONTRACTS FOR PUBLIC IMPROVEMENTS--POOR WORK--REMEDIES OF TAXPAYERS--INJUNCTION. 1. A resident taxpayer has such au interest in funds for the construction of a road, to which funds his assessment has contributed, as to give him a right to prevent their wrongful application. 2. A suit in which it is sought to prevent contractors from constructing a macadam road with worthless shale and slate, when they had agreed to use certain limestone, and to prevent the board of supervisors from paying for such work, was an action to prevent the violation of the law for the protection of the public funds, rather than one seeking to enforce the performance of a contract, and hence was a proper case for injunction. 3. Where a contractor had agreed with the board of supervisors to use certain limestone in the macadamizing of a road, and was using and threatening to use worthless shale and slate, the right to sne on the contractor's bond for damages thereby inflicted was not such an adequate remedy at law as to preclude injunction by a taxpayer. T 2. Sea Injunction, vol. 27, Cent. Dig. 160. 4. In a...


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Product Details
  • ISBN-13: 9781130934892
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 1080
  • Spine Width: 54 mm
  • Width: 189 mm
  • ISBN-10: 1130934896
  • Publisher Date: 13 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1882 gr


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