Cline vs American Aggregates Corporation Printable Case Brief from MyCaseBriefs (Property Law)

Amazon Drive Cloud storage from Amazon.

Alexa Actionable Analytics for the Web. AmazonGlobal Ship Orders Internationally. Amazon Inspire Digital Educational Resources. Amazon Rapids Fun stories for kids on the go. Amazon Restaurants Food delivery from local restaurants. ComiXology Thousands of Digital Comics. East Dane Designer Men's Fashion. Shopbop Designer Fashion Brands. Withoutabox Submit to Film Festivals. Amazon Renewed Refurbished products with a warranty. View Videos or join the Corporation Aggregate discussion.

Buy for others

Add Corporation Aggregate to your PopFlock. Juridical persons Artificial personality , juridical personality , or juristic personality is the characteristic of a non-living entity regarded by law to have the status of personhood. Cooperatives co-ops , business organization owned and democratically operated by a group of individuals for their mutual benefit Corporations are bodies corporate created by statute or charter.

A corporation sole is a corporation constituted by a single member, in a particular capacity, and that person's successors in the same capacity, in order to give them some legal benefit or advantage, particularly that of perpetuity, which a natural person could not have had. Examples are a religious officiant in that capacity, or The Crown in the Commonwealth realms. A corporation aggregate is a corporation constituted by more than one member. Municipal corporations municipalities are "creatures of statute ". Other organizations may be created by statute as legal persons, including European economic interest groupings EEIGs.

Unincorporated associations , that is aggregates of two or more persons, are treated as juridical persons in some jurisdictions but not others. Partnerships , an aggregate of two or more persons to carry on a business in common for profit and created by agreement. Traditionally, partnerships did not have continuing legal personality, but many jurisdictions now treat them as having an independent legal personality.

Companies , a form of business association that carries on an industrial enterprise, are often corporations, although companies may take other forms, such as trade unions , unlimited companies , trusts , and funds. Limited liability companies --be they a private company limited by guarantee , private company limited by shares , or public limited company --are entities having certain characteristics of both a corporation and a partnership. Different types have a complex variety of advantages and disadvantages.

In the international legal system , various organizations possess legal personality. These include intergovernmental organizations the United Nations, the Council of Europe and some other international organizations including the Sovereign Military Order of Malta , a religious order.

Navigation menu

As of 6 April , the ruling has been commented on in Indian newspapers to be hard to enforce, with assertions that experts [ who? History The concept of legal personhood for organizations of people is at least as old as Ancient Rome: Sample cases using the doctrine In U. Section 7 of the act granted the right to sue only to persons. The corporate defendant, which was accused of illegally conspiring and colluding to raise prices on tires , argued that the U. The court held that the term "person" includes the U. Government, and allowed the action against the collusive corporations to continue.

In Cook County v. The county argued that it could not be held liable because it was not a person.

1. .
2. ;
3. Yacht der Sünde | Erotische Kurzgeschichte: Sex, Leidenschaft, Erotik und Lust (Laura Young Kurzgeschichten 7) (German Edition).
4. The Touchstone of Fortune (TREDITION CLASSICS).
5. .

The court held that the county could be sued under the law as a legal person. The association of prisoners sought to proceed in forma pauperis.

1. Remains of the Dead (Domain of the Dead Book 2).
2. Just a Larger Family: Letters of Marie Williamson from the Canadian Home Front,1940–1944 (Life Writing);
3. Ultimate Guide To Automated External Defibrillators!
4. .

The court held that the right to sue in forma pauperis existed only for natural persons, not legal persons. Germany Article 19 3 of the German Constitution sets forth: Bentley MacLeod June National Bureau of Economic Research.

Oxford Dictionary of Law 7th ed. This might be taken to imply there are persons of another sort. And that is a fact. American Aggregates Corporation , N. The defendants operated a quarry , and as part of the process of extracting limestone , underground aquifers were dewatered.

Cline v. American Aggregates Corp. - Wikipedia

The plaintiffs on the neighboring land alleged that this dewatered and polluted their wells. The trial court granted summary judgment to the defendants on the authority of Frazier v. Brown, which allowed a landowner absolute use of the water on their land despite ramifications for neighboring landowners. The Supreme Court of Ohio rejected the absolute use rule in Frazier in favor of a reasonable use doctrine that allowed water use as long as it did not unreasonably harm neighbors that also had a right to the water.

The court cited scientific advancements that allowed for better monitoring of water that could more easily determine how much water each landowner was entitled to.