Kellogg Bridge Company V. Hamilton
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Kellogg Bridge Company V. Hamilton
''Kellogg Bridge Company v. Hamilton'', 110 U.S. 108 (1884), was an Implied warranty of fitness for a particular purpose lawsuit which took place in 1884. Background The company Kellogg Bridge Co. undertook to construct for the Lake Shore and Michigan Southern Railway Company an iron bridge across Maumee River The Maumee River (pronounced ) ( sjw, Hotaawathiipi; mia, Taawaawa siipiiwi) is a river running in the United States Midwest from northeastern Indiana into northwestern Ohio and Lake Erie. It is formed at the confluence of the St. Joseph and ... at Toledo, Ohio. After doing a portion of the work it entered into a written contract with Hamilton (a subcontractor) for the completion of the bridge. The bridge was put up in several spans and in order to support the spans, falsework, consisting of piles driven in the river between the piers upon which the spans were to rest, was needed. The Bridge Company had previously constructed a part of the falsework involved in ...
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Implied Warranty Of Fitness For A Particular Purpose
In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warranties regardless of whether the seller has expressly promised them orally or in writing. They include an implied warranty of fitness for a particular purpose, an implied warranty of merchantability for products, implied warranty of workmanlike quality for services, and an implied warranty of habitability for a home. The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults". To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does ...
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Lake Shore And Michigan Southern Railway
The Lake Shore and Michigan Southern Railway, established in 1833 and sometimes referred to as the Lake Shore, was a major part of the New York Central Railroad's Water Level Route from Buffalo, New York, to Chicago, Illinois, primarily along the south shore of Lake Erie (in New York, Pennsylvania and Ohio) and across northern Indiana. The line's trackage remains a major rail transportation corridor used by Amtrak passenger trains and several freight lines; in 1998, its ownership was split at Cleveland between CSX to the east and Norfolk Southern in the west. History Early history: 1835–1869 ;Toledo to Chicago On April 22, 1833, the Erie and Kalamazoo Railroad was chartered in the Territory of Michigan to run from the former Port Lawrence, Michigan (now Toledo, Ohio), near Lake Erie, northwest to Adrian on the River Raisin. The Toledo War soon gave about one-third of the route to the state of Ohio. Horse-drawn trains began operating on November 2, 1836; the horses were repl ...
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Maumee River
The Maumee River (pronounced ) ( sjw, Hotaawathiipi; mia, Taawaawa siipiiwi) is a river running in the United States Midwest from northeastern Indiana into northwestern Ohio and Lake Erie. It is formed at the confluence of the St. Joseph and St. Marys rivers, where Fort Wayne, Indiana has developed, and meanders northeastwardly for U.S. Geological Survey. National Hydrography Dataset high-resolution flowline dataThe National Map, accessed May 19, 2011 through an agricultural region of glacial moraines before flowing into the Maumee Bay of Lake Erie. The city of Toledo is located at the mouth of the Maumee. The Maumee was designated an Ohio State Scenic River on July 18, 1974. The Maumee watershed is Ohio’s breadbasket; it is two-thirds farmland, mostly corn and soybeans. It is the largest watershed of any of the rivers feeding the Great Lakes, and supplies five percent of Lake Erie’s water. History Historically the river was also known as the ''Miami'' in United ...
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Toledo, Ohio
Toledo ( ) is a city in and the county seat of Lucas County, Ohio, United States. A major Midwestern United States port city, Toledo is the fourth-most populous city in the state of Ohio, after Columbus, Cleveland, and Cincinnati, and according to the 2020 census, the 79th-largest city in the United States. With a population of 270,871, it is the principal city of the Toledo metropolitan area. It also serves as a major trade center for the Midwest; its port is the fifth-busiest in the Great Lakes and 54th-biggest in the United States. The city was founded in 1833 on the west bank of the Maumee River, and originally incorporated as part of Monroe County, Michigan Territory. It was refounded in 1837, after the conclusion of the Toledo War, when it was incorporated in Ohio. After the 1845 completion of the Miami and Erie Canal, Toledo grew quickly; it also benefited from its position on the railway line between New York City and Chicago. The first of many glass manufacturers ...
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Subcontractor
A subcontractor is an individual or (in many cases) a business that signs a contract to perform part or all of the obligations of another's contract. Put simply the role of a subcontractor is to execute the job they are hired by the contractor for. It is oftentimes a specialized job such as electrical or HVAC and it is the subcontractor's responsibility to execute the work as instructed. A subcontractor (or sub-contractor) is a company or person whom a general contractor, prime contractor or main contractor hires to perform a specific task as part of an overall project and normally pays for services provided to the project. While subcontracting often occurs in building works and in civil engineering, the range of opportunities for subcontractor is much wider and it is possible that the greatest number of subcontractors now operate in the information technology and information sectors of the economy. One hires subcontractors either to reduce costs or to mitigate project risk ...
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Falsework
Falsework consists of temporary structures used in construction to support a permanent structure until its construction is sufficiently advanced to support itself. For arches, this is specifically called centering. Falsework includes temporary support structures for formwork used to mold concreteHardie G.M. (1995) Building Construction: Principles, Practices, and Materials. New Jersey: Prentice Hall. (Pg 116, paragraph 1) in the construction of buildings, bridges, and elevated roadways. The British Standards of practice for falsework, BS 5975:2008, defines falsework as "Any temporary structure used to support a permanent structure while it is not self-supporting." History Falsework has been employed in bridge and viaduct construction since ancient times. The Romans were renowned for its use, as at the Limyra Bridge in Turkey. Until the turn of the 20th century almost all falsework was constructed from timber. To compensate for timber shortages in different regions and to rati ...
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United States Contract Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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United States Supreme Court Cases Of The Waite Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ...
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1884 In United States Case Law
Events January–March * January 4 – The Fabian Society is founded in London. * January 5 – Gilbert and Sullivan's ''Princess Ida'' premières at the Savoy Theatre, London. * January 18 – Dr. William Price attempts to cremate his dead baby son, Iesu Grist, in Wales. Later tried and acquitted on the grounds that cremation is not contrary to English law, he is thus able to carry out the ceremony (the first in the United Kingdom in modern times) on March 14, setting a legal precedent. * February 1 – ''A New English Dictionary on historical principles, part 1'' (edited by James A. H. Murray), the first fascicle of what will become ''The Oxford English Dictionary'', is published in England. * February 5 – Derby County Football Club is founded in England. * March 13 – The siege of Khartoum, Sudan, begins (ends on January 26, 1885). * March 28 – Prince Leopold, the youngest son and the eighth child of Queen Victoria and Prince A ...
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History Of Toledo, Ohio
Toledo ( ) is a city in and the county seat of Lucas County, Ohio, United States. A major Midwestern United States port city, Toledo is the fourth-most populous city in the state of Ohio, after Columbus, Cleveland, and Cincinnati, and according to the 2020 census, the 79th-largest city in the United States. With a population of 270,871, it is the principal city of the Toledo metropolitan area. It also serves as a major trade center for the Midwest; its port is the fifth-busiest in the Great Lakes and 54th-biggest in the United States. The city was founded in 1833 on the west bank of the Maumee River, and originally incorporated as part of Monroe County, Michigan Territory. It was refounded in 1837, after the conclusion of the Toledo War, when it was incorporated in Ohio. After the 1845 completion of the Miami and Erie Canal, Toledo grew quickly; it also benefited from its position on the railway line between New York City and Chicago. The first of many glass manufacturers arri ...
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