just rule in Ohio

1953Co. v. Patch, 28 Kansas, 470; Paine v. Storage Co., supra; Holloway v. Southmayd, 139 N. Y., 390 ; Elliott on Roads and Streets, Section 1190, that the latter authorities recognize the more just rule.

1917Co. v. Patch, 28 Kansas, 470; Paine v. Storage Co., supra; Holloway v. Southmayd, 139 N. Y., 390 ; Elliott on Roads and Streets, Sec. 1190, — that the latter authorities recognize the more just rule.

1899“The just rule of responsibility, and the one, we think, prescribed by the statute, whether the obstruction be by snow or by any other material, is the removal or abatement so as to render the highway, street, or sidewalk, at all times safe and convenient, regard being had to its locality and uses. ’ ’ In addition to the cases which I have said were referred to. in 20 Neb., 228 , supra, are these, which support the same principle without qualification: 54 Wis., 528 ; 50 Wis., 242 ; 40 Mo., 176 ; 32 Ia., 234 ; 61 N. J., 506; 130 N. Y., 188 ; 77 N. Y., 10 ; 186 Pa., 77 ; 89 Mo., 208 .

1899In addition to the cases which I have said were referred to in 20 Neb., 228 , supra, are these, which support the same principle without qualification: 54 Wis., 528 ; 50 Wis., 242 ; 40 Mo., 176 ; 32 Ia., 234 ; 61 N. J., 506; 130 N. Y., 188 ; 77 N. Y., 100 ; 186 Pa., 77 ; 89 Mo., 208 .

1899“The just rule of responsibility, and the one, we think, prescribed by the statute, whether the obstruction be by snow or by any other material, is the removal or abatement so as to render the highway, street, or sidewalk, at all times safe and convenient, regard being had to its locality and uses. ’ ’ In addition to the cases which I have said were referred to. in 20 Neb., 228 , supra, are these, which support the same principle without qualification: 54 Wis., 528 ; 50 Wis., 242 ; 40 Mo., 176 ; 32 Ia., 234 ; 61 N. J., 506; 130 N. Y., 188 ; 77 N. Y., 10 ; 186 Pa., 77 ; 89 Mo., 208 .

1899In addition to the cases which I have said were referred to in 20 Neb., 228 , supra, are these, which support the same principle without qualification: 54 Wis., 528 ; 50 Wis., 242 ; 40 Mo., 176 ; 32 Ia., 234 ; 61 N. J., 506; 130 N. Y., 188 ; 77 N. Y., 100 ; 186 Pa., 77 ; 89 Mo., 208 .

1899“The just rule of responsibility, and the one, we think, prescribed by the statute, whether the obstruction be by snow or by any other material, is the removal or abatement so as to render the highway, street, or sidewalk, at all times safe and convenient, regard being had to its locality and uses. ’ ’ In addition to the cases which I have said were referred to. in 20 Neb., 228 , supra, are these, which support the same principle without qualification: 54 Wis., 528 ; 50 Wis., 242 ; 40 Mo., 176 ; 32 Ia., 234 ; 61 N. J., 506; 130 N. Y., 188 ; 77 N. Y., 10 ; 186 Pa., 77 ; 89 Mo., 208 .

1899In addition to the cases which I have said were referred to in 20 Neb., 228 , supra, are these, which support the same principle without qualification: 54 Wis., 528 ; 50 Wis., 242 ; 40 Mo., 176 ; 32 Ia., 234 ; 61 N. J., 506; 130 N. Y., 188 ; 77 N. Y., 100 ; 186 Pa., 77 ; 89 Mo., 208 .

1899“The just rule of responsibility, and the one, we think, prescribed by the statute, whether the obstruction be by snow or by any other material, is the removal or abatement so as to render the highway, street, or sidewalk, at all times safe and convenient, regard being had to its locality and uses. ’ ’ In addition to the cases which I have said were referred to. in 20 Neb., 228 , supra, are these, which support the same principle without qualification: 54 Wis., 528 ; 50 Wis., 242 ; 40 Mo., 176 ; 32 Ia., 234 ; 61 N. J., 506; 130 N. Y., 188 ; 77 N. Y., 10 ; 186 Pa., 77 ; 89 Mo., 208 .

1899In addition to the cases which I have said were referred to in 20 Neb., 228 , supra, are these, which support the same principle without qualification: 54 Wis., 528 ; 50 Wis., 242 ; 40 Mo., 176 ; 32 Ia., 234 ; 61 N. J., 506; 130 N. Y., 188 ; 77 N. Y., 100 ; 186 Pa., 77 ; 89 Mo., 208 .

1899“The just rule of responsibility, and the one, we think, prescribed by the statute, whether the obstruction be by snow or by any other material, is the removal or abatement so as to render the highway, street, or sidewalk, at all times safe and convenient, regard being had to its locality and uses. ’ ’ In addition to the cases which I have said were referred to. in 20 Neb., 228 , supra, are these, which support the same principle without qualification: 54 Wis., 528 ; 50 Wis., 242 ; 40 Mo., 176 ; 32 Ia., 234 ; 61 N. J., 506; 130 N. Y., 188 ; 77 N. Y., 10 ; 186 Pa., 77 ; 89 Mo., 208 .

1899In addition to the cases which I have said were referred to in 20 Neb., 228 , supra, are these, which support the same principle without qualification: 54 Wis., 528 ; 50 Wis., 242 ; 40 Mo., 176 ; 32 Ia., 234 ; 61 N. J., 506; 130 N. Y., 188 ; 77 N. Y., 100 ; 186 Pa., 77 ; 89 Mo., 208 .

2000The theory is that even if one has a just claim it is unjust not to put the adversary on notice to defend within the period of limitation and that the right to be free of stale claims in time prevails over the right to prosecute them." Id. at 348-349, 64 S.Ct. at 586 .

1973As Justice Traynor said in Muskopf, supra ( 55 Cal. 2d 211 ) at 216: “If the reasons for Russell v. Men of Devon and the rule of county or local district immunity ever had any substance, they have none today.” Furthermore, the widespread availability and use of insurance or other modern funding methods render an argument based on economics invalid.

1953“Applying those principles under which those cases, upon these points, are decided, on both sides of the question, the conclusion that I have reached is that under the Ohio law, a property right which by accretion passed to the owner of the abutting lot, in the absence of any express provision or intention to the contrary, at the time of executing the land contract, must pass to and become the property of the plaintiff under said land contract, as a part of the privileges and appurtenances thereunto belonging.” To the same effect is Paine v. Consumers’ Forwarding & Storage Co., 71 F., 626, 629

1953“Applying those principles under which those cases, upon these points, are decided, on both sides of the question, the conclusion that I have reached is that under the Ohio law, a property right which by accretion passed to the owner of the abutting lot, in the absence of any express provision or intention to the contrary, at the time of executing the land contract, must pass to and become the property of the plaintiff under said land contract, as a part of the privileges and appurtenances thereunto belonging.” To the same effect is Paine v. Consumers’ Forwarding & Storage Co., 71 F., 626, 629

1939In the case of Eberley’s Appeal, 110 Pa. 95 , 1 Atl. 330 (1885) the court held: “It is not essential that the direction to accumulate should be express.

1939In the case of Eberley’s Appeal, 110 Pa. 95 , 1 Atl. 330 (1885) the court held: “It is not essential that the direction to accumulate should be express.

1900In Griffin v. Colver, 16 N. Y. 489, 495 , the court said that: “Oases not infrequently occur * * * wliere the amount of damages may be estimated in a variety of ways.

1871Out of this just principle- has grown the equitable doctrine of estoppel in pais, so well stated and strongly approved by Fonblanque in his treatise on Equity, vol. 1, ch. 3, sec. 4 ; by Chancellor Kent, in Wendell v. Van Rensselaer, 1 Johns.