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LADY MARJORY'S UNDIES
By Anthony VWharton Author of Irene Wycherley, Etc., Etc.

I
THIS is, perhaps, an unpleasant story. Beyond the confession of

a certain sneaking admiration for the accurate and unrelenting accomplishment of a proposed result, I offer no defence—or indeed criticism of any kind—of Miss Barker’s behaviour.

But in common justice to a heroine, however erring, I feel bound here, at this very beginning, to emphasize certain differences in the appearance and bodily condition of Bertie Wright on two—for Miss Barker, at least—memorable dates in his career; the first being July 14th, 1914, on which day Bertie drove her down into Surrey in his side-car and asked her to marry him; the second, November 5th, 1914, on which day she first saw him after his return from France, in Birwich Military Hospital.

II
ON THAT glorious summer afternoon they brought with them the means and materials for a generous afternoon tea, which they made under the fir-trees on Leith Hill. Bertie, having divested himself of his very smart overalls, discovered beneath an equally smart blue serge suit which fitted his very admirable person to perfection.

Something over five feet ten, lean, brown, hard as nails, with laughing grey eyes, blamelessly smooth hair and clean-cut features, he appeared, even to Miss Barker’s fastidious and critical eyes, a very satisfactory and pleasant young male to look upon. Also he was as he looked—cheerful, efficient, imperturbable.

He was, at twenty-four, manager to a motor engineering firm in South London, an uncannily skillful mechanic, an adroit salesman, and a very astute man of his own particular world.

In the irreproachable morning-suit in which he went to church on Sunday mornings he might, Miss Barker had long ago decided, be taken for anyone; that afternoon, as he stood in the sunshine before her and asked her to marry him, she was of opinion that he might even be taken for someone. Her eyes from beneath their long black lashes, strayed calmly over him, wandering lazily from one point of interest to another, questioning, appraising, finding no flaw. And, as I have said before, her standards were very educated and very exacting.

She did not say yes; she did not say no. She was certainly very much in love with this clean, handsome, vigorous-bodied boy, but—well, as you will see, she was a very level-headed young woman. She allowed him to kiss her once or twice, without prejudice, and they returned in the dusk to London, good comrades, perfectly confident, quite content to recognize the prudence of doing nothing in a hurry.

The following week Lady Marjory Lang went to stay with an aunt in Scotland, and Miss Barker—who to Lady Marjory was maid and “Barker,” tout court—accompanied her. They were both still in Scotland when Bertie went overseas as a despatch rider.

He wrote her a calm little note the night before he sailed. Rh


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 time of my recruiting business, which will clear up all the above related events, and dispel the clouds which are still hanging over some parts of my wonderful tale.

Two years were now elapsed since my last adventure, and I had heard nothing farther either of the Necromancer or his associates: The frequent unwelcome visits at the Castle and their alarming consequences, very likely had made both parties more circumspect, which appeared to me to have been the principal motive of those ruffians to release my servant, least I might be induced to make a strict search after him; whatever may have been their motive for doing so, I had no farther trace either of the robbers or Volkert, and even at F, the Necromancer's principal place of action, whither I went shortly after, even there, every thing relating to our former adventures was entirely forgotten—the haunted inn had been sold to a new master, the apparition was frightened away, and the house was a respectable auberge.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text: The Meaning of the Glorious Koran (1930)/The Opening


text:
Page:The Pima Indians.pdf/18

Rh

title: Page:The Pima Indians.pdf/18


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 remonstrance, however, to this view of our case, but merely asked M. Letourneur if he had confidence in Robert Curtis?

"Perfect confidence," he answered; "and I acknowledge it most gratefully, as a providential circumstance, that Captain Huntly had given him the command in time. Whatever man can do I know that Curtis will not leave undone to extricate us from our dilemma."

Prompted by this conversation with M. Letourneur I took the first opportunity of trying to ascertain from Curtis himself how long he reckoned we should be obliged to remain upon the reef; but he merely replied, that it must depend upon circumstances, and that he hoped the weather would continue favorable. Fortunately the barometer is rising steadily, and there is every sign of a prolonged calm.

Meantime Curtis is taking active measures for totally extinguishing the fire. He is at no great pains to spare the cargo, and as the bales that lie just above the level of the water are still a-light he has resorted to the expedient of thoroughly saturating the upper layers of the cotton, in order that the combustion may be stifled between the moisture descending from above and that ascending from below. This scheme has brought the pumps once more into requisition. At present the crew are adequate to the task of working them, but I and some of our fellow-passengers are ready to offer our assistance whenever it shall be necessary.

With no immediate demand upon our labor, we are thrown upon our own resources for passing our time. M. Letourneur, Andre, and myself, have frequent conversations; I also devote an hour or two to my diary. Falsten holds little communication with any of us, but remains absorbed in his calculations, and amuses himself by tracing mechanical diagrams with ground-plan, section, elevation, all complete. It would be a happy inspiration if he could invent some mighty engine that could set us all afloat again. Mr. and Mrs. Kear, too, hold themselves aloof from their fellow-passengers, and we are not sorry to be relieved from the necessity of listening to their incessant grumbling; unfortunately, however, they carry off Miss Herbey with them, so that we enjoy little or nothing of the young lady's society. As for Silas Huntly, he has become a complete nonentity; he exists, it is true, but merely, it would seem, to vegetate.


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 Hobart, the steward, an obsequious, sly sort of fellow, goes through his routine of duties just as though the vessel were pursuing her ordinary course; and, as usual, is continually falling out with Jynxstrop, the cook, an impudent, ill-favored negro, who interferes with the other sailors in a manner which, I think, ought not to be allowed.

Since it appears likely that we shall have abundance of time on our hands, I have proposed to M. Letourneur and his son that we shall together explore the reef on which we are stranded. It is not very probable that we shall be able to discover much about the origin of this strange accumulation of rocks, yet the attempt will at least occupy us for some hours, and will relieve us from the monotony of our confinement on board. Besides, as the reef is not marked in any of the maps, I could not but believe that it would be rendering a service to hydrography if we were to take an accurate plan of the rocks, of which Curtis could afterward verify the true position by a second observation made with a closer precision than the one he has already taken.

M. Letourneur agrees to my proposal, Curtis has promised to let us have the boat and some sounding-lines, and to allow one of the sailors to accompany us; so to-morrow morning, we hope to make our little voyage of investigation.

31 to November 5.—Our first proceeding on the morning of the 31st was to make the proposed tour of the reef, which is about a quarter of a mile long. With the aid of our sounding-lines we found that the water was deep, right up to the very rocks, and that no shelving shores prevented us coasting along them. There was not a shadow of doubt as to the rock being of purely volcanic origin, upheaved by some mighty subterranean convulsion. It is formed of blocks of basalt, arranged in perfect order, of which the regular prisms give the whole mass the effect of being one gigantic crystal; and the remarkable transparency of the sea enabled us plainly to observe the curious shafts of the prismatic columns that support the marvelous substructure.


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Page:The Necromancer, or, The Tale of the Black Forest Vol. 2.djvu/93

 I also began, by degrees, to forget the adventures which I partly had heard related, and partly experienced myself, being only now and then reminded of those incidents, when, in the lonely hour of solitude the recollection of the Austrian stole on my mind.

My long overclouded serenity had resumed its wonted brightness, and the remembrance of my ever regretted friend was no longer accompanied by gloominess and melancholy sensations; I could again partake of the pleasures which smile at us wherever we are, and I could relish again the innocent sports of merriment.

In that state of mind I arrived towards the end of summer at A, when the expectation of every inhabitant was engaged by the approaching scene of a bloody execution, which was to take place within a few days.

A church having been robbed about six months ago, several suspected persons had


text: The Meaning of the Glorious Koran (1930)


text:
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 been imprisoned and put to the rack, but could not be brought to confession, upon which the magistrates had been obliged to set them at liberty for want of such witnesses as the law requires, and to give up the inquisition until further proofs should be found. Many months elapsed before the enraged priests, aided by the eagle-eyed assistance of the magistrates, could trace out the sacrilegious robbers of their hallowed treasures, and feast their ruthless vengeance on the throes of the victims of their foaming ire, expiring on the flaming pile, 'till at length an accident delivered into their holy fangs the perpetrators of that daring deed, whom they in vain had endeavoured to discover by advertisements, tortures of the rack, and the promise of reward.

There lived in a suburb of A, an old unsuspected man, named Peter, loved by the children of the place, whom he oftentimes amused with little tales, and bribed with sweetmeats, but dreaded by the aged, who


text: The Meaning of the Glorious Koran (1930)/Translator's Foreword


text:
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 firmly believed him to be on an intimate footing with his satanic majesty, because he now and then displayed, when in good humour, proofs of his juggling skill, which they beheld with gaping terror. This hoary man, who lived in a mean cottage, in apparent indigence, and could not be suspected of possessing ill-gotten goods, went oftentimes abroad, but whither he journeyed, or what called him so frequently from his abode, nobody could tell with certainty; some said he went a begging, others, more superstitious, pretended to have seen him, through the chinks of the half decayed window shutters, stretched lifeless on the floor; and some insisted upon having seen him riding through the air on a broom-stick, to pay, as it was supposed, his court to his infernal master, to whom his soul and body was said to be mortgaged.

Very fortunately this man was not at A when the church-robbery was committed, to the greatest satisfaction of some who thought him to be an harmless man, and to the greater


text:
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An-Nâs, the second of the two cries for refuge and protection, takes its name from a recurring word which marks the rhythm in the Arabic. In this case protection is sought especially from the evil in a man's own heart and in the hearts of other men.

An early Meccan revelation.

In the name of Allah, the Beneficent, the Merciful.

Say: I seek refuge in the Lord of mankind, The King of mankind, The God of mankind, From the evil of the sneaking whisperer, Who whispereth in the hearts of mankind, Of the jinn and of mankind. Rh


text: The Meaning of the Glorious Koran (1930)/Mankind


text: Page:Joan of Arc - Southey (1796).djvu/339


text:
Page:Constitution of the Sac and Fox Nation.pdf/22

Proposed Amendment B

The current ARTICLE I - MEMBERSHIP OF TRIBE shall be amended to read:

Section 3. All persons now living and eligible for membership under Article I of the Constitution of the Sac and Fox Nation, amended August 26, 1967.

Having been duly approved and ratified, Proposed Amendment A is hereby designated as Amendment No. 5 to the Constitution of the Sac and Fox Nation.


text:
Page:Constitution of the Sac and Fox Nation.pdf/23

 Amendment B

Pursuant to the authority delegated to the Regional Director by 209 DM 8 and 10 BIAM 3.1, a Secretarial Election authorized by the Regional Director on July 17, 2002, the attached amendment to the Constitution of the Sac and Fox Nation was submitted to the qualified voters of the Sac and Fox Nation on 10/26/02, and was (ratified)/rejected by a vote of 132 for and 55 against, and 6 cast ballots found separated or mutilated, in an election which at least thirty percent (30%) of the 305 entitled to vote cast their ballots in accordance with Article XIII of the Nation’s Constitution.

Date: 10/26/02


text: Constitution of the Sac and Fox Nation, Amendment 4


text: Constitution of the Sac and Fox Nation, Amendment 5


text: Constitution of the Sac and Fox Nation, Amendment 4, Certificate of Results


text: Constitution of the Sac and Fox Nation, Amendment 5, Certificate of Results


text:
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Rh Bones, Hides, Fox and  which are of more Value than the Iceland or Feroe? And, if the Produce and Commodities of Greenland were formerly reckoned of that Importance, that they were deem'd ufficient to maintain the King's Table: Why not alo at preent? provided Greenland may by Settlements and Improvement retrieve its former Abundance, which is not impoible.

If the old Lands, formerly inhabited and manured by the Norway Colonies, were anew peopled with Men and Cattle; they would, without doubt, yield as much as either Iceland or Feroe, eeing there is as good as in thoe Ilands. I hall forbear to mention Salmon and as it eems at preent to be but of little or not Importance, epecially on the  though I am credibly informed by the Natives, that on the Souther Coat they catch abundance of fine large Cods. Yet this may be more than ufficiently compenated by the on the North, Rh


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178 and the Capture of Seals on the South, which if rightly undertaken, and with Vigour et on Foot, will bring as much, nay far more Profit than the Salmon and does in other Places; chiefly the  which can be undertaken at very mall Expences, viz. at the Cot with trong Nets, with which they may catch many thouands in Greenland; which, if hitherto not practied, ought to be imputed to Negligence and want of a good Regulation. In hort, Greenland, as we ee, is very convenient for Trading, and may be very well worth one's while to take in Hand. But there is little to be done, without an etablished and formed Company of Men of Subtance as well as Reolution; being altogether impoible and above the Strength of any private Man to mater it, and go through with it.


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NOW, THEREFORE BE IT RESOLVED THAT the Business Committee of the Sac and Fox Nation does hereby recognize the 1987 Constitution as the Nation’s official document.

BE IT FURTHER RESOLVED THAT all amendments approved by Governing Council in secretarial elections since 1987 are attached and made part of the official Constitution.

WE, Kay Rhoads, Principal Chief and George Thurman, Secretary of the Sac and Fox Nation do hereby certify Resolution SF-04-93 to be true and exact as approved by the Business Committee in a Regular meeting held at the Sac and Fox Reservation, Stroud, Oklahoma on the 25th of May 2004, by a vote of: Kay Rhoades-Yes; Darrell Gray-Yes; George Thurman-Yes; Truman Carter-Yes; Austin Grant-Yes.


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Rh

Greenlanders Ignorance of a Creator would make one believe they were Atheits, or rather Naturalits. For, when they have been aked from whence they thought that Heaven and Earth had their Origin, they have anwered, nothing, but that it had always been o. But if we conider, that they have ome Notion of the Immortality of Souls, and that there is another much happier Life after this; moreover, as they are addicted to different kinds of Supertition, and that they hold there is a Spiritual Being, which they call Torngaruk, to whom they acribe a upernatural Power, though not the Creation or the Production of Creatures, (of whoe Origin they Rh


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MAY 25, 2004 REGULAR BUSINESS COMMITTEE MEETING Health Clinic Grant Request, New Business (b)

The Special Business Committee meeting for the month of June will take place on the 14th and the Regular meeting will take place on the 28th.

ENROLLMENT

Adding Four to Membership Rolls

Secretary George Thurman made a motion by Resolution SF-04-92 adding four persons to the membership rolls of the Sac and Fox Nation in accordance with the Constitution and laws of the Sac and Fox Nation, those four being Josiah Thadeus Bass, Christie May Blackbear, Ryan Austin McKinley and Michael Joseph Lesburns. Committee Member Austin Grant seconded the motion. Vote: Kay-yes, George-yes, Austin-yes. Motion carried. OLD BUSINESS

1987 Constitution Ratification

The Business Committee have discussed sending a letter to the BIA that state the Sac and Fox Nation recognizes the 1987 Constitution although once before the Business Committee recommended the constitution that has former Secretary Mary McCormick’s file stamp affixed on it. The Secretary explained that particular constitution repeats itself. The amendments are found in the back of the documents as well as in the body of the constitution. The Business Committee desires to have a constitution that has the original wording in the body and any amendments in the back, such as the 1987.

Secretary George Thurman made a motion by Resolution SF-04-93 recognizing the 1987 Constitution with the amendments attached to the back as the official Constitution that the Business Committee recognizes. Committee Member Austin Grant seconded the motion.

The Secretary said the latest constitutional amendment regarding enrollment needs to be attached to the back of the 1987 Constitution. The Principal Chief asked if this would include the Roane? The necessary amendments to be attached will be forwarded to the BIA along with the recognized constitution. The 1987 Constitution will appear on the tribal website.

Vote: George-yes, Austin-yes, Kay-yes. Motion carried. Gaming Commission Discussion

The Secretary said this agenda item was placed on the agenda in case the Business Committee had to make an appointment to the Gaming Commission, but the matter was taken care of early in the week. Two people now serve on the Gaming Commission.


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180 tell many aburd and ridiculous Stories) all this (I ay) uppoes ome ort of Worhip; although they do no themelves, out of their brutih Stupidity, undertand or infer o much, or make Ue of the Light of Nature and the remaining Spark of the Image of God in their Souls, to conider the inviible Being of God by his viible Works, which is the Creation of the World. Rom. i. For which Reaon, intead of attaining the Knowledge of God and true Religion, they are unhappily fallen into many gros Supertitions.

But notwithtanding that all thee Supertitions are authoried by, and grounded upon the Notion they have of the o called Torngaruk, whom their lying Angekuts or Prophets hold for their Oracle, whom they conult on all Occaions; yet the Commonalty know little or nothing of him, except the Name only: Nay, even the Angekuts themelves are divided in their whimical Ideas they have formed of his Being; ome aying, he is without any Form or Shape;


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Proposed Amendment A

ARTICLE II - GOVERNING COUNCIL

Section 3. As required by Article VIII, Section 2, following the meetings of the Governing Council, the Election Board shall conduct an election pursuant to the election ordinance on the issues presented at a meeting of the Governing Council where action was taken to place a matter upon the ballot, provided, that no referendum vote shall be necessary to approve the tribal claims and tribal programs budget.

Section 2. The Business Committee shall have power to appoint subordinate committees and representatives, to transact business and otherwise speak or act on behalf of the tribe in all matters on which the tribe is empowered to act, now, or in the future, and to hire and employ legal counsel to represent the tribe; provided, that when the Governing Council acts within the powers specifically delegated to it by this Constitution, such action shall be binding on all elected officers and the Business Committee.

Having been duly approved and ratified, Proposed Amendment A is hereby designated as Amendment No. VI to the Constitution of the Sac and Fox Nation.


text:
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 Amendment A

Pursuant to the authority delegated to the Regional Director by 209 DM 8 and 10 BIAM 3.1, a Secretarial Election authorized by the Regional Director on June 16, 2004, the attached amendment to the Constitution of the Sac and Fox Nation was submitted to the qualified voters of the Sac and Fox Nation on August 20, 2004, and was (ratified)/rejected by a vote of 187 for and 143 against, and 12 cast ballots found separated or mutilated, in an election which at least thirty percent (30%) of the 467 entitled to vote cast their ballots in accordance with Article XIII of the Nation’s Constitution.

Date: August 20, 2004


text: Resolution Recognizing the Constitution of the Sac and Fox Nation


text: Resolution Recognizing the Constitution of the Sac and Fox Nation, Minutes


text: Constitution of the Sac and Fox Nation, Amendment 6


text:
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Rh Shape; other giving him that of a Bear, others again pretending he has a large Body, and but one Arm; and ome make him as little as a Finger. There are thoe who hold he is immortal, and others, that a Fart can kill him. They aign him his Abode in the lower Regions fo the Earth, where they tell you there is contantly fine Weather, good Water, Deers and Fowls in Abundance. They alo ay he lives in the Water; wherefore, when they come to any Water, of which they have not drunk before, and there be any old Man in the Company, they make him drink the firt, in order to take away its Torngaruk, or the malignant Quality of the Water, which might make them ick and kill them. They hold furthermore, that a Spirit reides in the Air, which they name Innertirrirok; that is, the Moderator or Retrainer, becaue it is puruant to his Order, that the Angekuts command the People to retrain or abtain from certain Things or Actions, that they may not come into Harms Way. According to their Theology, Rh


text: Constitution of the Sac and Fox Nation, Amendment 6, Certificate of Results


text: Suicide Technical Package

title: Suicide Technical Package


text:
Page:William Muir, Thomas Hunter Weir - The Caliphate; Its Rise, Decline, and Fall (1915).djvu/319

they had committed ʿAlī, we know not where, to his last home, Al-Kūfa did homage, as it were by common consent, to Al-Ḥasan, his eldest son. But Al-Ḥasan was a poor-spirited creature, more intent on varying the charms of his ever-changing ḥarīm than on the business of public life, and altogether unworthy his descent as grandson of the Prophet.

It was now Muʿāwiya's opportunity for asserting his title to the whole Muslim Empire. Already he was recognised as Caliph throughout Syria and Egypt. Al-Ḥasan had at command the army of 40,000 prepared by his father, but he had no stomach for the war. Sending forward his vanguard of 12,000 men, under the brave and faithful Ḳeis, to meet the enemy, he himself followed irresolutely; and, with the bulk of his army, rested at Al-Medāin amidst the luxurious gardens of the old Persian court. While thus ignobly holding back, the report gained currency at Al-Medāin that Ḳeis had been defeated and slain. An émeute ensued. The troops rose mutinously upon the Caliph. They rushed into his sumptuous pavilion, and plundered the royal tents even to the carpets. A project was set on foot to seize his person, and, by delivering him up to Muʿāwiya, thus make favourable terms. The faint-hearted Caliph, alarmed at the outbreak, took refuge in the Palace of the Chosroes, a more congenial residence than the martial camp; and, trusting no longer to his fickle and disloyal people, sent letters of submission to Muʿāwiya. He agreed to abdicate and retire to Medīna, 290


text: Page:Joan of Arc - Southey (1796).djvu/340


text: Page:Joan of Arc - Southey (1796).djvu/341


text:
Author:Cecil Hobart Peabody

Works

 * Valve-gears for Steam-engines (1892)
 * Valve-gears for Steam-engines (1906)

title: Author:Cecil Hobart Peabody


text: Page:The Hind and the Panther - Dryden (1687).djvu/59


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 661] on condition that he should retain the contents of the treasury of Al-Kūfa, five million pieces, in addition to the revenues of a Persian district; and that the imprecation against his father should drop from the public prayers. Muʿāwiya granted the first request; as for the second, he consented that no prayer reviling ʿAlī should be recited within hearing of the son. The truce was ratified accordingly.

And so, after a brief and inglorious reign of five or six months, Al-Ḥasan, with his household and belongings, quitted Al-Kūfa for Arabia. The people wept at his departure. But Al-Ḥasan left them without regret. They were a race, he said, in whom no trust could be reposed, and who had set purpose neither for evil nor for good.

Ḳeis, whose ability and prowess were worthy of a better cause, remained for some while longer in the field. At length, having obtained terms for all who had been fighting on the side of ʿAlī, and there being no longer any master now to fight for, he laid down his arms and did homage to Muʿāwiya.

Thus, at last, Muʿāwiya was able to make triumphal entry into Al-Kūfa. Having there received the homage of the Eastern provinces, he returned to Syria sole and undisputed Caliph of Islām. The year is called the Year of Union (jamāʿa), Damascus thenceforth was the capital of the Empire.

The imprecations against the memory of ʿAlī, his house, and his adherents, still formed part of the public service; and so, indeed, they continued to do throughout the Umeiyad Caliphate, except during the Caliphate of ʿOmar.

The short-lived Caliph retired to Medīna, where, with ample means to gratify his ruling passion, he passed his time in ease and quietness, giving no further anxiety to Muʿāwiya. He survived eight years, and met his death by poison at the hand of one of his wives. It was a not unnatural end for "Al-Ḥasan the Divorcer." ʿAlid tradition, indeed, would have us to believe that the lady was bribed to commit the crime, and thus exalts the libertine to the dignity of "Martyr." But Muʿāwiya had no object in ridding himself of his harmless subject; and the jealousies of Al-Ḥasan's ever-changing ḥarīm afford a sufficient and a likelier reason. Of his brother Al-Ḥosein there will be more to tell.


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the death of ʿOthmān, 35, Muʿāwiya was independent ruler of the West; and from AI-Ḥasan's abdication till his own death, that is, for nearly twenty years, he was undisputed Caliph of all Islām. During this long reign there was prosperity and peace as a rule at home, disturbed only by intermittent outbursts cf Khāriji zealots, and by factions still ardent for the house of ʿAlī, supported by old-fashioned Muslims who nicknamed the Umeiyads Ṭulaḳā (forced converts). Both were easily suppressed, though not without bloodshed, by the strong arm of the Caliph and his able lieutenants. Abroad his rule was equally successful, and extended the boundaries of Islām in all directions.

ʿAmr held the government of Egypt during the rest of his long life, which, indeed, had been one of the most eventful in this history. No man influenced more than he the fortunes of the Caliphate. Brave in the field, astute in counsel, coarse and unscrupulous in word and deed, it was mainly to ʿAmr that Muʿāwiya owed his ascendency over ʿAlī, and the eventual establishment of the Umeiyad dynasty. Conqueror of Egypt, and for four years its governor under ʿOmar, he continued in the same post a like period under ʿOthmān, who by his recall made him in an evil hour his enemy. Finally reappointed by Muʿāwiya on the defeat of Moḥammad, he was still at his death the governor of Egypt. He died seventy-three years of age, penitent, we are told, for his many misdeeds.

The career of Al-Moghīra, though less brilliant, was not 292


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Al-Falaq, "The Daybreak," takes its name from a word in the first verse. This and the following Sûrah are prayers for protection, this one being for protection from fears proceeding from the unknown. The two Sûrahs are known as Al-Mu'awwadhateyn, the two cries for refuge and protection.

An early Meccan Sûrah.

In the name of Allah, the Beneficent, the Merciful.

Say: I seek refuge in the Lord of the Daybreak From the evil of that which He created; From the evil of the darkness when it is intense, And from the evil of malignant witchcraft, And from the evil of the envier when he envieth.

Rh


text: The Meaning of the Glorious Koran (1930)/The Daybreak


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Page:Pelman v. McDonald's Corporation (S.D.N.Y. 2003).pdf/27

 bringing about the harm. Elsroth v. Johnson & Johnson, 700 F.Supp. 151, 166 (S.D.N.Y.1988) (citing Derdiarian v. Felix Contracting Corp., 51 N.Y.2d 308, 316, 434 N.Y.S.2d 166, 169, 414 N.E.2d 666 (1980)); see also Restatement (2d) of Torts § 431 (1965). “The word ‘substantial’ is used to denote the fact that the defendant’s conduct has such an effect in producing the harm as to lead reasonable [persons] to regard it as a cause, using that word in the popular sense, in which there always lurks the idea of responsibility, rather than in the so-called ‘philosophic sense,’ which includes every one of the great number of events without which any happening would not have occurred.” Restatement (Second) Tortsof Torts [sic] § 431, cmt. a.

Several factors are considered, including “the aggregate number of actors involved which contribute towards the harm and the effect which each has in producing it,” and “whether the situation was acted upon by other forces for which the defendant is not responsible.” ''Transamerica Ins. Fin. Corp. v. Fireman’s Fund Ins. Co.'', No. 89 Civ. 8625(PNL), 1992 WL 350800, at *9 (S.D.N.Y. Nov.19, 1992) (quoting Mack v. Altmans Stage Lighting Co., 98 A.D.2d 468, 470–71, 470 N.Y.S.2d 664, 667 (2d Dep’t 1984) (citing Restatement (Second) of Torts § 433)); see also Elsroth, 700 F.Supp. at 166 (“[W]e are particularly mindful of Professor Prosser’s observation that ‘no case has been found where the defendant’s act could be called a substantial factor when the event would have occurred without it.’ ”) (quoting W. Prosser, Handbook of the Law of Torts, § 41 at 240 (4th ed.1971) (applying New York law)).

The issue of proximate cause may be determined as a matter of law where no reasonable person could find causation based on the facts alleged in the complaint. E.g., Smith v. Stark, 67 N.Y.2d 693, 694, 499 N.Y.S.2d 922, 923, 490 N.E.2d 841 (1986) (granting summary judgment where there was no causation as matter of law in duty to warn context); Howard v. Poseidon Pools, Inc., 72 N.Y.2d 972, 974, 534 N.Y.S.2d 360, 361, 530 N.E.2d 1280 (1988) (noting that question of legal cause may be decided as a matter of law where only one conclusion may be drawn from the established facts).

No reasonable person could find probable cause based on the facts in the Complaint without resorting to “wild speculation.” Price v. Hampson, 142 A.D.2d 974, 975–76, 530 N.Y.S.2d 392, 394 (4th Dep’t 1988) (ruling on causation as matter of law as jury could find causation only by engaging in “wild speculation”).

First, the Complaint does not specify how often the plaintiffs ate at McDonalds. The class action proposed by plaintiffs could consist entirely of persons who ate at McDonalds on one occasion. As a result, any number of other factors then potentially could have affected the plaintiffs’ weight and health. In order to survive a motion to dismiss, the Complaint at a minimum must establish that the plaintiffs ate at McDonalds on a sufficient number of occasions such that a question of fact is raised as to whether McDonalds’


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182 or Mythology, there is yet one Spirit, Harbinger of the Air, whom they tile Erloerortok, which ignifies a Gutter, becaue he guts the Deceaed, and feeds upon their Intetines. His Countenance, they ay, is very ghatly and hagard, hollow Eyes and Cheeks, like a Body that's tarved.

Each Element has its Governor or Preident, which they call Innuæ ; from whence

2


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 661–80] less singular. A native of Aṭ-Ṭāif, he had been deputed by the Prophet, in company with Abu-Sufyān, to hew down the tutelary idol of that city. He was ill-favoured, being one-eyed with red hair dyed black. Clever, designing, and shameless, he survived his disgraceful fall at Al-Baṣra which nearly cost him life as well as his reputation, and rose again to influence. Finally, appointed by Muʿāwiya to that most difficult post, the government of the no longer regal Kūfa, he held under strict control the turbulent and restless city, still the frequent scene of theocratic outburst, and of those dangerous conspiracies in favour of the house of ʿAlī which began soon to disturb the Umeiyad dynasty:

But perhaps the greatest service which Al-Moghīra rendered to Muʿāwiya, was that he succeeded in reconciling Ziyād to his sovereign. The history of Ziyād is one of the most remarkable of the time. He was the reputed son of Abu Sufyān, who fell in with his mother, then a vagrant bondwoman, before his conversion at Aṭ-Ṭāif. By the faithful discharge of important trusts, Ziyād overcame the disadvantage of servile birth, rose to important office, and eventually was appointed by ʿAlī to the government of Al-Baṣra and Iṣṭakhr. Powerful, wise, and eloquent, he was by far the ablest statesman of the day. Devoted to the cause of ʿAlī, he was bitterly opposed to the pretensions of Muʿāwiya, even after the abdication of Al-Ḥasan. Called by Muʿāwiya to render an account of his stewardship in Persia, he refused to do so or to appear at Court even when threatened, if he continued to absent himself, with the execution of his sons in Al-Bṣsra. A thorn in his side, he caused continual alarm to Muʿāwiya. At last, in the year 42, Al-Moghīra, who had not forgotten the occasion on which he owed his life to the partial evidence of Ziyād, repaired to Iṣṭakhr, and persuaded him to tender his submission. Under safe-conduct he appeared before the Caliph at Damascus, and as a royal gift, together with his arrear of revenue, presented a million pieces. He was dismissed with honour, and provided with a residence in Al-Kūfa. The figure of Muʿāwiya is in the annals quite eclipsed by those of his lieutenants Al-Moghīra and Ziyād,


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Rh whence the Angekuts receive their Torngak, or familiar Spirits. For every Angekkok has a Torngak, who attends him, after he has ten time conjured in the Dark.

Some have their own deceaed Parents for their Torngak, and others get theirs out of ome of our Nation, who they ay dicharge their when they wait before the Entry of the Place, where the Angekkok performs his Conjuration. Whether Torngak and Torngaruk be one and the ame Thing, I hall not decide; but certain it is, that one is derived from the other. From Torngaruk the Angekuts pretend they learn the Art of Conjuring; which they are taught in this Method. If one apires to the Office of an Angekkok, and has a Mind to be initiated into thee Myteries, he mut retire from the ret of Mankind, into ome remote Place, from all Com- Rh


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184 merce; there he mut look for a large Stone, near which he mut it down and invoke Torngarkuk, who, without delay, preents himelf before him. This Preence terrifies the new Candidate of Angekutim to that degree, that he immediately ickens, woons away, and dies, and o, in this Condition, he lies for three whole Days; and then he comes to Life again, aries in a Newnes of Life, and betakes himelf to his Home again. The Science of an Angekkok conits of three Things. 1. That he mutters certain Spells over ick People, in order to make them recover their former Health. 2. He communes with Torgaruk, and from him receives Intruction, to give People Advice, what Coure they are to take in Affairs, that they may have Succes, and proper therein. 3. He is by the ame informed of the Time and Caue of any Body's Death; or for what Reaon and Body comes to an untimely and uncommon End; and if any Fatality hall befal a Man. And though this lying Spirit of the Angekuts is oftentimes found out by their gros


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Rh gros Mitakes, when the Events don't anwer their fale Predictions, as commonly happens; yet, for all that, they are in great Honour and Eteem among this tupid and ignorant Nation; inomuch that no Body ever dare refue the trictet Obedience to what they command him in the Name of Torngaruk, fearing that, in Cafe of Diobedience, ome great Affliction and Misfortune may happen to him. Among many other Fibs, and mot impudent Lyes, they make alo thee illy tupid Wretches believe, that they can, with Hands and Feet tied, mount up to Heaven, and ee how Matters tand there; and likewie decend to Hell, or the lower Regions of the Earth, where the fierce Torngaruk keeps his Court. A young Angekkok mut not undertake this Journey but in the Fall of the Year, by Reaon, that then the lowermot Heaven, which they take the Rainbow to be, is nearet to the Earth.

The Farce or Impoture is thus acted: A Number of Spectators aemble in the


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294 just as that of ʿAbd al-Melik is by that of Al-Ḥajjāj. It is to be remarked that all three belonged to the tribe of Thaḳīf in Aṭ-Ṭāʾif; we shall meet other members of it who became eminent. The relations between this tribe and the house of Umeiya were of old standing.

A year or two afterwards a curious episode in his life disturbed the equanimity of the Muslim world. As Ziyād grew daily in royal favour, Muʿāwiya was seized with the desire to remove the stain upon his descent, and thus prove him not the supposititious, but the real and legitimate son of Abu Sufyān his own father. A commission appointed for the purpose held this established; upon which Muʿāwiya publicly acknowledged Ziyād to be his brother. The announcement raised a scandal throughout Islām, first as contravening the law of legitimacy, and still more as making Um Ḥabība—also the child of Abu Sufyān and one of the "Mothers of the Faithful"—to be the sister of what (the above decision notwithstanding) was held to be an adulterous issue. Not only so, but Muʿāwiya's own kinsfolk, the house of Umeiya, were displeased at the affront thus put upon the purity of their blood. The feeling, however, soon passed away, as it was seen that a pillar of strength had been gained for the Umeiyad dynasty. Shortly after, Ziyād was made governor of Al-Baṣra in addition to his Persian command. In Ai-Kūfa religious strife did not interfere with the public safety, but in Al-Baṣra, under the feeble administration of Ibn ʿĀmir, there was now no longer any security for life or property. Ziyād's strong hand fell heavily on the restless population of the


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186 the Evening at one of their Houes, where, after is is grown Dark, every one being eated, the Angekkok caues himelf to be tied, his Head between his Legs, and his Hands behind his Back, and a Drum is laid at his Side; thereupon, after the Windows are hut, and the Light put out, the Aembly ings a Ditty, which, they ay, is the Compoition of their Ancetors; when they have done inging, the Angekkok begins with conjuring, muttering and brawling; invokes Torngaruk, who intantly preents himelf, and converes with him, (here the materly Juggler knows how to play his Trick, in changing the Tone of his Voice, and counterfeiting one different from his own) which makes the too credulous Hearers believe, that this counterfeited Voice is that of Torngaruk, who converes with the Angekkok. In the mean while he works himelf looe, and, as they believe, mounts up into Heaven through the Roof of the Houe, and paes through the Air till he arrives into the highet of Heavens, where the Souls of Angekkut Poglit, that is the chief Angekkuts reide,


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 Chapter 1

There are several senses in which a thing may be said to 'be', as we pointed out previously in our book on the various senses of words; for in one sense the 'being' meant is 'what a thing is' or the individual thing, and in another sense it means that a thing is of a certain quality or quantity or has some such predicate asserted of it. While 'being' has all these senses, obviously that which 'is' primarily is the 'what', which indicates the substance of the thing. For when we say of what quality a thing is, we say that it is good or beautiful, but not that it is three cubits long or that it is a man; but when we say what it is, we do not say 'white' or 'hot' or 'three cubits long', but 'man' or 'God'. And all other things are said to be because they are, some of them, quantities of that which is in this primary sense, others qualities of it, others affections of it, and others some other determination of it. And so one might raise the question whether walking and being healthy and sitting are, each of them, existent or non-existent, and similarly in any other case of this sort; for none of them is either self-subsistent or capable of being separated from substance, but rather, if anything, it is that which walks or is seated or is healthy that is an existent thing. Now these are seen to be more real because there is something definite which underlies them; and this is the substance or individual, which is implied in such a predicate; for 'good' or 'sitting' apart from that which sits or is good has no meaning. Clearly then it is in virtue of this category that each of the others is. Therefore that which is primarily and is simply (not 'is something') must be substance.

Now there are several senses in which a thing is said to be first; but substance is first in every sense — (1) in formula,


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 in the tower; uncertain fate was yet suspended over him; he had, however, a magnanimity in his nature which baffled much of the cruel effort of the Baron. He had prepared his mind by habitual contemplation for the worst, and although that worst was death, he could now look to it even with serenity. Those violent transports which had assailed him on sight of the thethe [sic] Baron, were, since he was no longer subject to his presence, reduced within their proper limits; yet he anxiously avoided dwelling on the memory of his father, lest those dreadful sensations should threaten him with returning torture. Whenever he permitted himself to think of the sufferings of the Countess and his sister, his heart melted with a sorrow that almost unnerved him; much he wished to know how they supported this trial, and much he wished that he could convey to them intelligence of his state. He endeavoured to abstract his mind from his situation, and sought to make himself artificial comforts even from the barren objects around him; his chief amusement was in observing the manners and customs of the birds of prey which lodged themselves in the battlements of his tower, and the rapacity of their nature furnished him with too just a parallel to the habits of men.

As he was one day standing at the grate which looked upon the castle, observing the progress of these birds, his ear caught the sound of that sweet lute whose notes had once saved him from destruction; it was accompanied by the same melodious voice he had formerly heard, and which now sung with impassioned tenderness the following air:


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Rh re ide, by whom he gets Information of all he wants to know. And all this is done in the Twinkling of an Eye.

Concerning the Angekkut Poglit, whom we jut now mentioned, as they pas for the Heads of the Clergy, and are reckoned the mot Eminent and Wiet of all, they alo mut pas through the inferior Orders, and everal hard Trials, before they can attain to this high Degree of for none is deemed worthy of uch a Dignity, but he that has made his Noviciatehip in the lower Rank, as an ordinary Angekkok. The Trynal he mut undergo, is this: They tie his Hands and Feet, as aforeaid, and after the Light is put out, and they are all left in Darknes, (that no Body may ee how the Trick is played, and their Impoture be dicovered) then they pretend, that a white Bear enters the Room, takes hold of his great Toe with his Teeth, and dragging him along to the jumps with him into the Sea, where a More is ready, and takes hold of him by his privy Parts, devouring him, to-


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188 together with the white Bear. A little while after, all his Bones are thrown in upon the Floor, one after another, not one miing; and then his Souls ries up off the Ground, which gathers the Bones, and animates the whole Body again, and up tarts the Man, as hale and entire as ever he was; and this he is made an Angekkok Poglik.

The Angekkuts, as before oberved, are kept in great Honour and Eteem, and beloved and cherihed, as a wife and ueful Set of Men; they are alo well rewarded for their Service, when it is wanted. But, on the contrary, there is another ort of Conjurers or Sorcerers, epecially ome decrepid old Women, which they call Illieerut, or Witches, who peruade themelves, and others, that, by the vertue of their Spells and Witchcraft, they can hurt People in their Life and Goods. Thee are not upon the ame footing with the Angekkuts; for as oon as any one incurs only the Supicion of uch Demeanor; he or he is hated and deteted by every Body, and at lat made a- way


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Rh way with, without Mercy, as a Plague to Mankind, and not deemed worthy to live.

Moreover the Angekkuts abue the People's Credulity, making them believe, that they can cure all orts of Dieaes; though they apply uch Remedies, as have no vertue in them to cure, uch as muttering of Spells, and blowing upon the ick Bodies; wherein they reemble, to a Hair, thoe Conjurers, of which the Prophet Iaiah peaks, in the 8th Chapter, Vere 19.

And if by Chance any one, who has been under thee Jugglers Hands, recovers, they do not fail to acribe it to the vertue of their juggling Tricks. At Times they ue this Way of curing the Sick; they lay him upon his Back, and tie a Ribbon, or a String, round his Head, having a Stick fatened to the other End of the String, with which they lift up the ick Body's Head from the Ground, and let it down again; and at every Lift he communes with his Torgak, or familiar Spirit, about the State of the Pa- 2


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 (2) in order of knowledge, (3) in time. For (3) of the other categories none can exist independently, but only substance. And (1) in formula also this is first; for in the formula of each term the formula of its substance must be present. And (2) we think we know each thing most fully, when we know what it is, e.g. what man is or what fire is, rather than when we know its quality, its quantity, or where it is; since we know each of these predicates also, only when we know what the quantity or the quality is.

And indeed the question which was raised of old and is raised now and always, and is always the subject of doubt, viz. what being is, is just the question, what is substance? For it is this that some assert to be one, others more than one, and that some assert to be limited in number, others unlimited. And so we also must consider chiefly and primarily and almost exclusively what that is which is in this sense.

Chapter 2

Substance is thought to belong most obviously to bodies; and so we say that both animals and plants and their parts are substances, and so are natural bodies such as fire and water and earth and everything of the sort, and all things that are parts of these or composed of these (either of parts or of the whole bodies), e.g. the heaven and its parts, stars and moon and sun. But whether these alone are substances, or there are also others, or only some of these, or some of these and some other things are substances, or none of these but only some other things, must be considered. Some think the limits of body, i.e. surface, line, point, and unit, are substances, and more so than body or the solid.

Further, some do not think there is anything substantial besides sensible things, but others think there are eternal substances which are more in number and more real, e.g. Plato posited two kinds of substance — the Forms and the objects of mathematics — as well as a third kind, viz. the substance of


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190 tient, whether he hall recover or not; now, if his Head is heavy in lifting it, it is, with them, a Sign of Death; if light, of Recovery. Notwithtanding all this, I am loth to believe, that, in thee Spells and Conjurings, there is any real Commerce with the Devil; for, to me, it clearly appears, that there is nothing in it, but meer Fibs, juggling Tricks and Impotures, made ue of by thee crafty Fellows, for the ake of filthy Lucre, for they are well paid for their Pains taking. Nevertheles, it can't be denied, but that the evil Spirit has a Hand in all this, and is the chief Actor upon this Stage, to keep thoe poor Wretches in their Claims, and hinder them from coming to the true Knowledge of God.

The Angekkuts can alo peruade whom they pleae, that they have no Souls, epe- cially


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 250

many under the same Covenant. The word many is used for all sometime, Rom. 5. 15, 16, 19. but here it is used rather to distinguish them that be in Covenant, from them that be cast off, and them to whom remission of sins purchased by the bloud of Christ is sealed in the Sacrament, from them to whom it is applyed. The remission of sinne here spoken of, is not put for remissiblenesse, but actuall remission granted and received, for remission in act and application, whereof all are not partakers. If all be taken for the common sort and poore of the people (which yet may be questioned, and cannot be proved by any passage of Scripture, or shew of reason) and our Saviour used that phrase to testifie his aboundant love and humility, in that he shed his bloud for the poore and inferiour ranks of men in this world, it makes nothing against the former interpretation. For not many mighty, not many noble, but the poore and base of this world are called and admitted into Covenant. But the faithfull only be effectually in Covenant: they that be in Covenant according to the outward administration, doe professe the faith, and in some degree are conformable in respect of conversation: they that be truely and effectually in Covenant, doe soundly and unfainedly beleeve. When the Scripture speakes of them that be out of Covenant, it saith they are not knowne of God, neither doe they know God, that is, they are not regarded of God, neither doe they regard him: when of them that live in Covenant, it stileth them the people of God, sonnes or children of God, the sonnes of the living God, a peculiar people, reconciled unto God, justified unto life; the daughters of Zion and of Jerusalem, who have the Jerusalem that is above for their spirituall mother, the seed of Abraham, who is the Father of us all; And as Jerusalem which is above is the mother of us all, so is Christ said to die for us all, and God to have mercy upon all. Rom. 8. 32. He that spared not his own Sonne, but delivered him up for us all. Rom. 11. 32. God hath concluded them all in unbeliefe, that he might have mercy upon all. Rom. 5. 18. By the righteousnesse of one, the free gift came upon all men unto justification of life, that is, of all them which pertaine to the posterity of Christ by spirituall regeneration. It may well be, that all to whom Paul wrote that Epistle, did not unfainedly believe, but as they professed the Doctrine of Salvation, and in some measure walked according to the policie of


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 Abbotts, Richard, s. Richard, of Guildford, Surrey, pleb. , matric. 10 Oct., 1634, aged 15; B.A. 13 Dec., 1637; M.A. from 20 June, 1640, fellow of  1648 (by the parliamentary visitors). See Burrows.  Abbot, Robert, of Surrey, pleb. , matric.-entry under date 20 Dec., 1577, aged 17; B.A. z6 May, 1579, fellow 1581-8, M.A. 7 Feb., 1582-3, sup. for licence to preach 21 Jan., 1586-7, B.D. 4 March, 1593-4, D.D. 22 Nov., 1596, master 1609-17, regius professor of divinity 1612-15, rector of Bishops Hatfield, Herts, 1584, All Saints, Worcester, 1589, and of Bingham, Notts, 1598. chaplain to James I., preb. of Southwell 1610, rector of Fillingham, co. Lincoln, 1611 (of Gray's Inn 1612), bishop of Salisbury 1615, until his death 2 March, 1617-18, eldest son of Maurice Abbot, of Guildford, Surrey, sherman. See Ath., ii. 224, 859; & Foster's Index Ecclesiasticus.  Abbott, Robert, B.A. from, Cambridge, 1605; incorp. as M.A. 14 July, 1607, vicar of Cranbrook, Kent, 1616-43, a sider with the Presbyterians in the Rebellion which began in 1642, minister of Southwick, Hants, and of St. Augustine's, Watling Street. See Fasti, i. 323 ; & D.N.B.  Abbot, Robert, s. Robert, of Cranebrook, Kent, 'sacerd.', matric. 10 Oct., 1634, aged 17, B.A 31 Oct., 1637 (as ); M.A. from, Cambridge, 1640.  Abbot, Thomas (Abatt). B.A. 8 March, 1540-1; fellow 1542, M.A. 39 June. 1544. See O.M.S., i. 198.  [5]

Abbot, Thomas, s. (Robert), of co. Worcester, D.D., matric. 1 Dec., 1609, aged 15, B.A. 19 July, 1612; fellow from, M.A 30 May, 1616, his will proved at Oxford 12 Feb., 1621-2.  Abbott, Thomas, s. George, of Meller, co. Lancaster, pleb. , matric. 13 April, 1638, aged 17; B.A. 18 Feb., Z64Z-2, M.A 20 May, 1647.  Abbott, Thomas, B.A. from ., Cambridge, 1679, M.A. 1683; incorp. as M.A. 10 July, 1683, as of London, clerk, widower, licence 16 May, 1692 (aged 31), to marry Miss Frances Allicocke, of St Margaret's, Westminster, spinster, aged 30. See Marriage Licences, ed. Foster.

Abbott, Walter, 'ser.' ., matric. 25 Oct., 1659; B.A. 1663, possibly rector of Dowles, Salop, 1669. See Foster's Index Ecclesiasticus.

Abdy, (Sir) Anthony Thomas (Bart.), s. Anthony, of Easterford, Kelvedon, Essex, baronet. ., matric. 19 April, 1707, aged 17; of Lincoln's Inn 1708, 3rd baronet, of Felix Hall, Essex, married thrice, and died 1 June, 1733. See Foster's Inns of Court Reg.
 [10]

Abdy, Christopher, 'eq. fil.' ., matric. 22 Nov., 1650; B.A. 2 March, 1651-2, bar.-at-law. Inner Temple, 26 May, 1661 (as son of Sir Christopher, of Middlesex), baptized at Streatham 3 April, 1632, licence 29 July, 1663, to marry Mrs. Dorothy Halsey, of Great Gaddesden, Herts. See Foster's Judges and Barristers.

Abdie, Edmund, of London, gent. , matric.-entry under date 20 Dec. 1577, aged 16; of Thavies Inn, bar.-at-law, Lincoln's Inn, 1589, invited to the bench 1604, grandfather of Christopher 1650. See Judges and Barristers.

Abdy, Edward, s. 'Dni.' Robert, of Albins, Essex, baronet. ., matric. 27 June, 1678, aged 17; died s.p.

Abdye, George, 'eq. fil.' ., matric. 27 July, 1652; B.A. 6 July, 1652 (migrated from Cambridge), brother of Christopher aforesaid, baptised at Streatham 25 July, 1633. See ''Coll. Top.'', iii. 311.

Abdie, James, s. James, of Wickersley. Yorks, pleb. ., matric. 6 July, 1638, aged 17; B.A. 3 May, 1642. See Calamy, ii. 427.
 [15]

Abdy, (Sir) Robert (Bart.), s. John, of Covent Garden, Westminster, baronet. ., matric. 4 Aug., 1705, aged 15; 3rd baronet, of Albins, Essex, F.S.A., M.P. Essex in four parliaments 1727, until his death 27 Aug., 1748.

Abe, John, chorister. 1501 (as ); B.A. 15 Jan., 1510-11, B.Can.L. 25 June, 1522. See Bloxam, iv. 48; & O.H.S., i.

Abell, George, of co. Derby, gent. ., matric. entry under date 8 Dec., 1578, aged 17; 'of Stapenhill, co. Derby, late of Clements Inn.' admitted to the Inner Temple 1581. See Foster's Inns of Court Reg.

Abell, John, s. Matthew, of Hinton, Berks, cler. , matric. 24 May, 1705, aged 18.

Abell, Joseph, s. Hump, of St. Dunstan's, London, gent. , matric. 22 March, 1693-4, aged 17; B.A. from. 1697, fellow. 1700, M.A. 1702, rector of Farleigh, Surrey, 1707, vicar of Chelsham and Warlingham, Surrey, 1715. See Hearne, i. 117; Rawlinson, xx. 7; & Foster's Index Ecc.
 [20]

Abell, Laurence, of Devon, 'paup. schol.' ., matric. 16 June, 1610, aged 20; B.A. from 21 Jan., 1612-13, M.A. 21 June, 1616.

Abel, Matthew, pleb. , matric. 21 March, 1658-9; B.A. 1662, M.A 1665, rector of Hinton Waldrish, Berks, 1679. See Foster's Index Ecclesiasticus & St. Paul's School Reg., p. 50.

Abell, Matthew, s. M., of Hinton, Berks, cler. , matric. 10 April, 1701, aged 18; B.A. 1704.

Abell, Richard, of co. Warwick, pleb. ., matric 26 Oct. 1599, aged 18, B.A. 2 July, 1603; M.A. from 30 May. 1606 (then in orders), vicar of Mancetter, co. Warwick, 1622. See Foster's Index Ecclesiasticus.

Abell, Richard, 'cler. fil.', matric. 14 July, 1694; B.A. 1698, M.A. 18 Jan, 1700-1. See Lipscombe's Bucks, i. 264; & Foster's Parliamentary Dictionary.
 [25]

Abell, Thomas, chaplain, B.A. 4 July, 1513. M.A. 27 June, 1516, 'Catholic martyr,' rector of Bradwell, Essex, 1530; for denying the King's supremacy over the Church, he was hanged, drawn, and quartered in Smithfield 30 July, 1540, inscription in the Beauchamp Tower, Tower of London. See Athenæ, i. 119; O.H.S., i. 86; & D.N.B.

Abel, William, B.A. from, Cambridge, 1653; incorp. as M.A. 14 July, 1657, rector of Rawreth, Essex, 1667. See Foster's Index Ecclesiasticus.

Abell, William, s. William, of Tiverton. Devon, pleb. ., matric 3 Nov., 1676. aged 17 (called in Mat. Reg.); B.A. 1680. M.A. 1683, one of these names rector of Studland, Dorset, in 1691. See Foster's Index Ecclesiasticus.

Abendana, Isaacus. See Rawlinson, ii. 212.

Abery, Thomas, s. John, of Reading. Berks, pleb. ., matric. 25 May, 1710, aged 16; B.A. from. 29 Jan., 1713-14, M.A. 1716.
 [30]

Abingdon, Anton, created M.A. 30 Aug., 1605.

Abington, Charles, s. C., of London, gent. ., matric. 16 Oct, 1708, aged 17; B.A. 1712, M.A. 1715.

Abington, Edward (or Habington), B.A. 4 Feb., 1573-4, of.

Abington, George, s. John, of Sherbourn, Dorset, arm. , matric. 11 Feb., 1706-7, aged 17 (called in Mat. Reg.).

Ablard, William, B.A. from 5 June, 1600.
 [35] [ 2 ]


text:
Page:Pelman v. McDonald's Corporation (S.D.N.Y. 2003).pdf/28

 products played a significant role in the plaintiffs’ health problems. While the assignment of such a frequency is beyond the competency of this Court at this time, it seems like the frequency must be more than once per week—a figure cited by plaintiffs’ counsel in oral argument as a potentially not unhealthy figure. Naturally, the more often a plaintiff had eaten at McDonalds, the stronger the likelihood that it was the McDonalds’McDonalds [sic] food (as opposed to other foods) that affected the plaintiffs’plaintiff’s [sic] health.

Second, McDonalds points out that articles on which plaintiffs rely in their Complaint suggest that a number of factors other than diet may come into play in obesity and the health problems of which plaintiffs complain. E.g., National Institutes of Health, Clinical Guidelines on the Identification, Evaluation, and Treatment of Overweight and Obesity in Adults, at xi, 27 (1998) (cited in Compl. at 5–6 nn. 6, 8, 13, 14) (“Obesity is a complex multifactorial chronic disease developing from interactive influences of numerous factors—social behavioral, physiological, metabolic, cellular, and molecular” in addition to cultural and genetic factors); The Surgeon General’s Call to Action to Prevent and Decrease Overweight and Obesity, at 1 (2001) (citingcited [sic] in Compl. at 4–7 nn. 3, 4, 9, 15, 16) (“Overweight and obesity are caused by many factors. For each individual, body weight is determined by a combination of genetic metabolic, behavioral, environmental, cultural, and socioeconomic influences.”).

As a result, in order to allege that McDonalds’ products were a significant factor in the plaintiffs’ obesity and health problems, the Complaint must address these other variables and, if possible, eliminate them or show that a McDiet is a substantial factor despite these other variables. Similarly, with regard to the plaintiffs’ health problems that they claim resulted from their obesity (which they allege resulted from their McDonalds habits), it would be necessary to allege that such diseases were not merely hereditary or caused by the environment or other factors.

Because the Complaint fails to allege that the danger of the McDonalds’McDonalds [sic]


text:
Page:The Meaning of the Glorious Koran (1930).pdf/691

Al-Tauḥîd, "The Unity," takes its name from its subject. It has been called the essence of the Koran, of which it is really the last Sûrah. Some authorities ascribe this Sûrah to the Madînah period, and think that it was revealed in answer to a question of some Jewish doctors concerning the nature of God.

It is generally held to be an early Meccan Sûrah.

In the name of Allah, the Beneficent, the Merciful.

Say: He is Allah, the One! Allah, the eternally Besought of all! He begetteth not nor was begotten. And there is none comparable unto Him. Rh


text: The Meaning of the Glorious Koran (1930)/The Unity


text:
Page:Pelman v. McDonald's Corporation (S.D.N.Y. 2003).pdf/29

 were not well-known and fails to allege with sufficient specificity that the McDonalds’McDonalds [sic] products were a proximate cause of the plaintiffs’ obesity and health problems, Count III shall be dismissed.

 * B. Count IV: Failure to Warn of Unhealthy Attributes

Count IV alleges a failure to warn of the unhealthy attributes of McDonalds’ products. While the cause of action differs from Count III, McDonalds’ arguments that this claim fails because the dangers of its fare were well-known and that plaintiffs have failed to show proximate cause are nonetheless applicable.

In Liriano v. Hobart Corp., 92 N.Y.2d 232, 677 N.Y.S.2d 764, 700 N.E.2d 303 (1998), the New York Court of Appeals summarized the current State of New York law with regard to a manufacturer’s liability to warn in a products liability case: "“A manufacturer has a duty to warn against latent dangers resulting from foreseeable uses of its product of which it knew or should have known. A manufacturer also has a duty to warn of the danger of unintended uses of a product provided these uses are reasonably foreseeable …. [A] manufacturer may be liable for failing to warn against the dangers of foreseeable misuse of the product …. A manufacturer’s superior position to garner information and its corresponding duty to warn is no less with respect to the ability to learn of … misuse of a product ….”"

Id. at 237–41, 677 N.Y.S.2d 764, 700 N.E.2d 303.

The standard for evaluating failure to warn liability is “intensely fact-specific, including but not limited to such issues as feasibility and difficulty of issuing warnings in the circumstances …; obviousness of the risk from actual use of the product; knowledge of the particular product user; and proximate cause.” Id. at 243, 677 N.Y.S.2d 764, 700 N.E.2d 303. The factual determination of whether an adequate warning was given is “often interwoven with the question of whether the defendant manufacturer has a duty to warn, and if so, to whom that duty is owed.” Cooley v. Carter-Wallace, Inc., 102 A.D.2d 642, 644, 478 N.Y.S.2d 375, 376 (4th Dep’t 1984).

In duty to warn cases, New York recognizes two circumstances that would preclude a finding of proximate cause: (1) obviousness and (2) the knowledgeable user. Andrulonis v. United States, 924 F.2d 1210, 1222 (2d Cir.), vacated 502 U.S. 801, 112 S.Ct. 39, 116 L.Ed.2d 18, and reinstated, 952 F.2d 652 (2d Cir.1991). McDonalds alleges only the former.


text:
Page:Batman upon Bartolome.djvu/71

 let of his office in any wiſe for defaulte of influence of ſpirites, then opening and cloſing of the heart fayleth: and then néedes muſt the beaſt be ſtiffeled, as it is ſéene in Apoplexia, and in other ſuch cauſes. ''TREVISA. Apoplexia'' is an euill, that maketh a man léeſe all manner féeling. Alſo the ſame falleth by hurting of the heart, when the humours be voyded, that ſhould kindly be therein: for ſo the ſpirites be voyded, and the attraction of the aire hath no place. And it fareth ſo in ſodain ſmiting of the kind heate into the inner parts of the heart, as it happeneth in fearfull men in letting bloud, that other while ſayle and ſowne. And ſo it happeneth of the infection of the lyuer. For corruption of the lyuer taketh awaye generation of cleane pured bloud, that féedeth kindlye heate: and if kinde heate fayle, the ſpirite vitall fayleth, and conſequently the breath particularly or vniuerſally is let. And ſo it happeneth in ſearching & pearcing of the lunges, as it fareth in them that haue the, in whom the breth ſtraighted, vaniſheth awaye by priuie hoales, and is not ſufficient to temper the beate of the heart. And ſo it fareth in all repletion, and ſpecially by ſodayne filling of the inner veynes of the body: as appeareth in them that be ſodaynlye ſtiffeled in the water: in whome the pores being let, the breath by a vyolent ouercomming and renting of the inner powers is ſtopped. Alſo by great corruption of the aire as in peſtilence time, and in corrupt aire, when the ſpirite vitall eſchewing his contrary, cloſeth himſelfe in the inner parts of the heart, and ſo being ouerſet with aire that is corrupt, may not rule the heart and other lymmes of the body, but faileth in himſelfe, and as it were, ſodainly vaniſheth alwaye: and then thereof commeth death. Alſo of infection and corruption of the humors of the breaſt, and of the breaſt plate and bone, as it is ſeen among thoſe that haue the dropſie, pore, ſcurffe, canker, woolfe, & leproſie. Alſo by the ſtopping of the organe & wayes that commeth from the langs, as appereth in them that haue the pirre & ſtifles, & be putrified and thicke breathed, and other ſuch. Alſo by ſpeciall corruption of the heart, as by biting of an Adder, or of anye other venemous worme: whole venyme pearcing to the heart, ouercommeth the kindly heat, and ſo ſtoppeth the way of the breath. Alſo by too much refraction of hot aire, as chaunceth in ouer hot ſtewes or bathe, or in the moſt feruent heate of Sun, that rerefieth & openeth the pores ouer meaſure, and ſo maketh too great exhalation and waſting of the kinde heate: and ſo the colde aire that is drawen in, ſufficeth not to ſlake the heate ſuperfluous, that is not of kinde, and ſo the breath is let. Alſo the ſame chaunceth of the ouer colde aire draweth together  brawns and the ſinewes of the breaſt: and thereby the vertue of breathing is let, as it chaunceth in them that ſléep vpon ſnow. And the ſame other while chaunceth by ſtopping of a veyne of the heart, that is called , the holow veyne: when that veyne is ſtopped and cloſed, the way of the paſſage is let, by which way and paſſage, the bloud muſt go from the liuer to the heart, to féede and nouriſh the ſpirite vitall. For when the heate wareth abundaunt, and the humor is withdrawen, the beaſt is ſtiffeled: for the breath ſufficeth not to coole the hart. And ſo it fareth by ouerburdening of cholar on of other humors, in the moſt ſubtill, veynes of the heart, as appeareth in ſharpe feuers, in the which the breath faileth. Alſo by ouer vyolent ſtrayning of the throte and of the arteries: as we may ſée in them that be hanged & ſtrangled, in the which the breath being ſtopped, the heart ſodainly burneth, & ſo the beaſt dyeth forthwith. By theſe meanes and many other, the vertue, vitall in let by default of breath. Of the vertue ſpirituall, commeth wrath, fighting, indignation, ſpite, and ſuch paſſions, that ariſe in brute beaſtes through mouing of the ſpirital vertue with vehemencie, & without diſcretion: but in men ſuch paſſions be ordred and ruled by a certaine reaſon of wit. And of the vertue ſpiritall or vitall, that is ſaid ſhall ſuffice.

title: Page:Batman upon Bartolome.djvu/71


text:
Page:A Treatise of the Covenant of Grace (John Ball).djvu/263

 Rh

the new Jerusalem, and as they enjoyed the Ordinances of grace, whereby Christ was applied, so the Apostle speakes of them as Saints and beloved and faithfull. And in the same sense in other places, they are reckoned amongst the faithfull, beloved and elect, who believe for a time, and professe the doctrine of Salvation, and partake the seales of the Covenant, though afterwards they fall away: and as they are called beleevers, converts, disciples, members of Christ, temples and sonnes of God; as they are said to be justified, sanctified, and redeemed, so is Christ to have died for them, as he is applyed in the Ordinances of grace, and they partake of the benefits of his death. But as for them that be not in Covenant, we shall never reade that their sinnes are pardoned, that they are delivered from death, purged from their sinnes, reconciled unto God, received into favour: nay, the contrary is plainly affirmed of them, that they are not the people of God, that they have no communion with Christ, that they are enemies in their minds by wicked works, alienated from God, that the wrath of God abideth on them, that they are without God in the world; which is never said of them for whom Christ died. The Scripture speaketh expressely, that Christ died for his Church, his sheep, his children, his people, the people or children of God, those that are given unto him of the Father, his brethren. As the Father knoweth me, even so know I the Father, and I lay downe my life for my sheep. Joh. 10. 15. Take heed unto your selves, and to all the flocke, to feed the Church of God, which he hath purchased with his own bloud. Act. 20. 28. Christ is the head of the Church, and he is the Saviour of the body. Eph. 5. 23. Christ loved the Church, and gave himselfe for it. ver. 25. He shall save his people from their sinnes. Matth. 1. 21. Who gave himselfe for us, that he might redeeme us from all iniquity, and purifie unto himself a peculiar people. Tit. 2. 14. As thou hast given him power over all flesh, that he should give eternall life to as many as thou hast given him. Joh. 17. 2. He prophesied that Jesus should die for that Nation; and not for that Nation only, but also that he should gather together in one, the children of God that were scattered abroad. Joh. 11. 51, 52. For both he that sanctifieth, and they who are sanctified are all one: for which cause he is not ashamed to call them brethren, saying, I will declare thy Name to my brethren, Heb. 2. 11, 12. The Church and people of God in themselves considered were sinners, ungodly, enemies, alienated from God, and Christ died for them,


text:
Page:Pelman v. McDonald's Corporation (S.D.N.Y. 2003).pdf/30

 Pursuant to the “open and obvious” exception, a manufacturer may not be liable for a failure to warn if the risks were sufficiently obvious to the user without a warning. Andrulonis v. United States, 924 F.2d 1210, 1222 (2d Cir.1991) (“[T]he focus of the ‘obviousness’ inquiry is upon the objective reasonableness of the supplier’s judgment about whether users will perceive the danger…. The danger must be so apparent or so clearly within common knowledge that a user would appreciate the danger to the same extent that a warning would provide.”) (citations omitted).

The open and obvious defense will not apply “when there are aspects of the hazard which are concealed or not reasonably apparent to the user ….” Liriano, 92 N.Y.2d at 241–42, 677 N.Y.S.2d 763, 700 N.E.2d 303; see also Anderson v. Hedstrom Corp., 76 F.Supp.2d 422, 448 (S.D.N.Y.1999) (denying summary judgment motion because as a matter of law the danger of jumping on trampolines was not so obvious that trampoline manufacturer need not have included warnings (1) that risk-reducing cages were available on the market and (2) that users should jump only in the center, with proper ground covering, or with professional supervision or spotter); ''Jiminez v. Dreis & Krump Mfrg. Co.'', 736 F.2d 51, 55 (2d Cir.1984) (finding as a matter of law that it was not obvious that injury would result to operator who had not activated machine at all, even though it was obvious that injury could result to an operator who had activated, either intentionally or accidentally, the machine).

Because of the difficulty in administering this test, the question of whether a danger is open and obvious is usually a jury question unless only one conclusion may be drawn from the established facts. Liriano, 92 N.Y.2d at 241–42, 677 N.Y.S.2d 764, 700 N.E.2d 303 (“The fact-specific nature of the inquiry into whether a particular risk is obvious renders bright-line pronouncements difficult, and in close cases it is easy to disagree about whether a particular risk is obvious. It is hard to set a standard for obviousness that itis [sic] neither under- nor over-inclusive.”).

As discussed above, the Complaint fails to allege that the McDonalds’ products consumed by the plaintiffs were dangerous in any way other than that which was open and obvious to a reasonable consumer. While the plaintiffs have presented the outline of a substantial argument to the contrary in their papers, as discussed supra, their theory is not supported in their Complaint, and thus cannot save Count IV from dismissal. In addition, as also discussed above, the Complaint does not allege with sufficient specificity that the plaintiffs’ consumption of McDonalds’ products was a significant factor in their


text: Page:John Brown's body by Stephen Vincent Benét.djvu/3


text: Index:The Missing Chums.djvu

title: Index:The Missing Chums.djvu


text:
Page:William Muir, Thomas Hunter Weir - The Caliphate; Its Rise, Decline, and Fall (1915).djvu/324

 661–80] turbulent city, now patrolled incessantly by an armed police of a thousand men. None might venture abroad at night on pain of death; and so ruthless was the order, that an unlucky Arab, wandering unawares into the precincts, was executed for the involuntary offence. His best friends were the Azd, especially those lately arrived from ʿOmān, and he did not forget their services. The supremacy of law, an experience new to Al-Baṣra, repressed rebellion, and effectually enforced order where strife and faction had heretofore prevailed.

On Al-Moghīra's death, he was elevated to the governorship of Al-Kūfa also, and his habit was to spend half the year there and half at Al-Baṣra. A reign of terror now began. At the first address of his representative in the Mosque of Al-Kūfa, stones were cast at him. Ziyād came from Al-Baṣra. To discover the offenders, all present were put to the oath, and some fifty men who refused to swear had their hands cut off. The ʿAlid faction which reviled ʿOthmān abounded in both cities, and strong measures were no doubt needful to repress conspiracy; but cruelty and bloodshed went far beyond the bounds of need. Tales abound of parties refusing to curse the memory of ʿAlī—one especially, headed by the grandson of the famous Ḥātim of the tribe of Ṭaiʾ —being ruthlessly beheaded; and the tyranny thus inaugurated by Ziyād casts a dark stain upon his memory. The gravel in the Mosque was replaced by a pavement, and the clan system in the army was broken up.

From Iṣṭakhr, Ziyād brought with him the pride of an Oriental court. Abroad he was followed. by a crowd of silver-sticks and lictors, and at his gate 500 soldiers mounted guard. He was the most powerful lieutenant the Caliphate yet had seen. The entire East was subject to him. From the Oxus and the Indus to the Persian Gulf his sway was absolute. His sons held important commands in Khorāsān and the frontier; but the most famous, or infamous, of them was ʿObeidallah, who became governor of Al-Baṣra. One of these carried with him 50,000 citizens of Al-Kūfa, whom by a wise policy he


text: Author:Ise no Taifu

title: Author:Ise no Taifu


text:
Author:Sei Shōnagon

Works

 * The Pillow Book (枕草子)
 * The Pillow Book (枕草子)

title: Author:Sei Shōnagon


text:
Author:Fujiwara no Michimasa

Works

 * Goshūi Wakashū, as contributor
 * Goshūi Wakashū, as contributor

title: Author:Fujiwara no Michimasa


text:
Author:Edward Adolph Hermann

Works

 * Steam Shovels and Steam Shovel Work (1894)

title: Author:Edward Adolph Hermann


text: Page:The Missing Chums.djvu/1

title: Page:The Missing Chums.djvu/1


text:
Page:Pelman v. McDonald's Corporation (S.D.N.Y. 2003).pdf/31

 obesity and related health problems. As a result, Count IV must be dismissed.

 * IV. Count V: Sale of Addictive Products

The exact basis of Count V is unclear. It appears to be a products liability claim, i.e., McDonalds’ products are inherently dangerous in that they are addictive. The claim may also be read to allege that McDonalds failed to warn its customers that its products were addictive.

This claim, unlike the one above based on unhealthy attributes, does not involve a danger that is so open and obvious, or so commonly well-known, that McDonalds’ customers would be expected to know about it. In fact, such a hypothesis is even now the subject of current investigations. See Sarah Avery, “Is Big Fat the Next Big Tobacco?” Raleigh News & Observer, at A25, 2002 WL 11733461 (Aug. 18, 2002) (“[R]esearchers are investigating whether large amounts of fat in combination with sugar can trigger a craving similar to addiction. Such a finding would go far in explaining why fast-food sales have climbed to more than $100 billion a year … despite years of warnings to limit fats.”). Therefore, it does not run into the same difficulties discussed above with regard to clarifying that the unhealthy attributes are above and beyond what is normally known about fast food.

While it is necessary to accept as true the allegation in the Complaint that McDonalds’ products are addictive for the purposes of this motion, such allegation standing alone is, nonetheless, insufficient as overly vague. The Complaint does not specify whether it is the combination of fats and sugars in McDonalds products, id., that is addictive, or whether there is some other additive, that works in the same manner as nicotine in cigarettes, to induce addiction. Further, there is no allegation as to whether McDonalds purposefully manufactured products that have these addictive qualities. In addition, the Complaint fails to specify whether a person can become addicted to McDonalds’ products after eating there one time or whether it requires a steady diet of McDonalds in order to result in addiction. There is also no allegation as to whether plaintiffs, as infants, are more susceptible to the addiction that adults.

While some of these questions necessarily may not be answered until discovery (should this claim be replead and survive a motion to dismiss), and likely then only with the aid of expert witnesses, to allow a complaint to survive merely because it alleges product liability on the basis of addiction would be to allow any complaint that alleges product liability based on the addictive nature of the products to survive dismissal, even where such addiction is likely never to be proven. As a result, a complaint must contain some specificity in order to survive a motion to dismiss.

A claim that a product causes addiction and that reasonable consumers are unaware of that danger must at the very least (1) allege that the plaintiffs are addicted, with allegations revealing ways in which their addiction may be observed, and (2) specify the basis of the plaintiffs’ belief that they and others became addicted to the product. Further allegations addressing questions raised above would further strengthen the claim. In the absence of any such specific allegations, Count V must be dismissed.

In any case, as discussed above, the Complaint fails to allege sufficiently that the addictive nature of McDonalds’ food


text: Author:Fujiwara no Sadayori

title: Author:Fujiwara no Sadayori


text:
Author:Francis Henry Coulson

Works

 * Stories and Legends (1908)

title: Author:Francis Henry Coulson


text: Page:Kalevala (Kirby 1907) v1.djvu/8

title: Page:Kalevala (Kirby 1907) v1.djvu/8


text: Page:John Brown's body by Stephen Vincent Benét.djvu/4


text:
Page:The Missing Chums.djvu/7

"You certainly ought to have a dandy trip."

"I'll say we will, Frank! We sure wish you could come along."

Frank Hardy grinned ruefully and shook his head.

"I'm afraid we're out of luck. Joe and I may take a little trip later on, but we can't make it this time."

"Just think of it!" said Chet Morton, the other speaker. "A whole week motorboating along the coast! We're the lucky boys, eh, Biff?"

Biff Hooper, at the wheel of his father's new motorboat, nodded emphatically.

"You bet we're lucky. I'm glad dad got this boat in time for the summer holidays. I've been dreaming of a trip like that for years."

"It won't be the same without the Hardy

title: Page:The Missing Chums.djvu/7


text: Page:John Brown's body by Stephen Vincent Benét.djvu/5


text:
Page:The Missing Chums.djvu/8

2 Boys," returned Chet. "I had it all planned out that Frank and Joe would be coming along with us in their own boat and we'd make a real party of it."

"Can't be done," observed Joe Hardy, settling himself more comfortably in the back of the boat. "There's nothing Frank and I would like better—but duty calls!" he exclaimed dramatically, slapping himself on the chest.

"Duty, my neck!" grunted Frank. "We just have to stay at home while dad is in Chicago, that's all. It'll be pretty dull without Chet and Biff around to help us kill time."

"You can put in the hours thinking of Biff and me," consoled Chet. "At night you can just picture us sitting around our campfire away up the coast, and in the daytime you can imagine us speeding away out over the bounding main." He postured with one foot on the gunwale. "A sailor's life for me, my hearties! Yo, ho, and a bottle of ink!"

The boat gave a sudden lurch at that moment, for Biff Hooper had not yet mastered the art of navigation and Chet wavered precariously for a few seconds, finally losing his balance and sitting down heavily in a smear of grease at the bottom of the craft.

title: Page:The Missing Chums.djvu/8


text:
Page:Pelman v. McDonald's Corporation (S.D.N.Y. 2003).pdf/32

 and the plaintiffs’ resulting ingestion thereof is a proximate cause of the plaintiff’s health problems. As a result, Count V is dismissed.

 * V. Leave to Amend Is Granted.

Fed.R.Civ.P. 15(a) requires that “leave [to amend] shall be freely given when justice so requires.” Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962). When a motion to dismiss is granted, “the usual practice is to grant leave to amend the complaint.” 2A Moore & Lucas, Moore’s Federal Practice ¶ 12.14 at 12-99 (2d ed.1989); see also Luce v. Edelstein, 802 F.2d 49, 56 (2d Cir.1986) (same rule for complaints dismissed under Rule 9(b)). Although the decision whether to grant leave to amend is within the discretion of the district court, refusal to grant leave must be based on a valid ground. Foman, 371 U.S. at 182, 83 S.Ct. 227. As a result, the plaintiffs may amend their complaint to address the deficiencies listed above.

Conclusion

For the foregoing reasons, the Complaint is dismissed in its entirety. Leave is granted replead all claims except for those based on New York City Administrative Code, Ch. 5, 20–700 et seq., which are dismissed with prejudice. Any amended complaint should be filed within thirty (30) days of the issuance of this opinion.

It is so ordered.


text: Pelman v. McDonald's Corporation (S.D.N.Y. 2003)


text:
Page:Ginzburg - The Legends of the Jews - Volume 1.djvu/17

 the oldest versions were produced not earlier than the fourth century, and the most recent not later than the tenth. The Midrashic literature has been preserved only in fragmentary form. Many Haggadot not found in our existing collections are quoted by the authors of the Middle Ages. Accordingly, a not inconsiderable number of the legends here printed are taken from mediaeval Bible commentators and homilists. I was fortunate in being able to avail myself also of fragments of Midrashim of which only manuscript copies are extant. The works of the older Kabbalah are likewise treasuries of quotations from lost Midrashim, and it was among the Kabbalists, and later among the Hasidim, that new legends arose. The literatures produced in these two circles are therefore of great importance for the present purpose.

Furthermore, Jewish legends can be culled not from the writings of the Synagogue alone; they appear also in those of the Church. Certain Jewish works repudiated by the Synagogue were accepted and mothered by the Church. This is the literature usually denominated apocryphal-pseudepigraphic. From the point of view of legends, the apocryphal books are of subordinate importance, while the pseudepigrapha are of fundamental value. Even quantitatively the latter are an imposing mass. Besides the Greek writings of the Hellenist Jews, they contain Latin, Syrian, Ethiopic, Aramean, Arabic, Persian, and Old Slavic products translated directly or indirectly from Jewish works of Palestinian or Hellenistic origin. The use of these pseudepigrapha requires great caution. Nearly all of them are embellished with Christian interpolations, and in some cases the inserted portions have choked the original form so


text: Page:The municipalites of the Roman empire (IA municipalitesofr00reidrich).pdf/36


text:
Page:How and what to grow in a kitchen garden of one acre (IA howwhattogrowin00darl).pdf/202

 Celery, White Plume, 82. Chicorée, 191. Chives, 175. Cold frames and hotbeds, 21. Compost, 166. Corn Salad, 192. Corn, Sweet, 83, 182. varieties of, 85. Amber Cream, 86. Crosby’s Early Twelve-rowed, 86. Potter’s Excelsior, 86. Stowell’s Evergreen, 86, 182. The Cory, 85. Cucumbers, 87. varieties of, 89. Burpee’s Giant Pera, 89. Early Green Prolific, 89, 187. Early Russian, 89. Improved Early White Spine, 89, 187. London Long Green, 89, 187. Currants, 159.

Dewberry, Lucretia, 161. Diagram of the garden, 15, 16,172. Key to the, 17. Dwarf or Bush Beans, 180.

Early or Summer Cabbages, 54. Egg Plant, 91, 183. varieties of, 94. Black Pekin, 184. Extra. Early Dwarf Round Purple, 94. New York Improved Large Purple, 94, 184. Endive, 191. Batavian, 191. Green Curled, 191.

Garden, diagram of the, 15, 16. laying out the, 12. planting the, 35. situation of the, 9. soil of the, 11. Globe Artichoke, 175. Gooseberries, 159. Grapes, 163. Gumbo, 188.

Hammond’s Slug Shot, 91. Hops, 95.

Horse Radish, 94, 174. Hotbeds and cold frames, 21.

Jerusalem Artichoke, 175.

Kale, or Borecole, 192. Dwarf German Greens, 192. Key to diagram, 17. Kohl Rabi, 181, 189. Early White Vienna, 181.

Late or Winter Cabbages, 55. Laying out the garden, 12. Leeks, 188, 189. Lettuce, 96, 178, 193. varieties of, 100. Burpee’s Golden Heart, 179. Burpee’s Hard-Head, 100. Burpee’s Silver Ball, 101. Burpee’s Tomhannock, 100. Cos, 179. Hammersmith, 193. New York, 179. Perpetual, 179. Philadelphia White Cabbage, 102. Stonehead Golden Yellow, 101. The Deacon, 102. The Hanson, 102, 179. The Tennis Ball, 102. Lucretia Dewberry, 161.

Manure, 167. Musk Melon, 69.

Okra, 102, 189. Onions, 103, 180. varieties of, 108. Large Red Wethersfield, 109, 181. White Globe, 109. White Silverskin, or White Portugal, 109. Yellow Globe Danvers, 108,181. Italian varieties of, 110, 181. Burpee’s Mammoth Silver King, 112. Earliest White Green, 111. Giant Red Rocca, 110. Giant Yellow Rocca, 111.

Parsley, 112, 176. Extra Curled Dwarf, 113. Parsnips, 113, 178.


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 As a third consequence of the amplitude of the material, it was thought advisable to divide it into several volumes. The references, the explanations of the sources used, and the interpretations given, and, especially, numerous emendations of the text of the Midrashim and the pseudepigrapha, which determined my conception of the passages so emended, will be found in the last volume, the fourth, which will contain also an Introduction to the History of Jewish Legends, a number of Excursuses, and the Index.

As the first three volumes are in the hands of the printer almost in their entirety, I venture to express the hope that the whole work will appear within measurable time, the parts following each other at short intervals.

., March 24, 1909


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 completely that it is impossible to determine at first sight whether a Jewish or a Christian legend is under examination. I believe, however, that the pseudepigraphic material made use of by me is Jewish beyond the cavil of a doubt, and therefore it could not have been left out of account in a work like the present.

However, in the appreciation of Jewish Legends, it is the Rabbinic writers that should form the point of departure, and not the pseudepigrapha. The former represent the main stream of Jewish thought and feeling, the latter only an undercurrent. If the Synagogue cast out the pseudepigrapha, and the Church adopted them with a great show of favor, these respective attitudes were not determined arbitrarily or by chance. The pseudepigrapha originated in circles that harbored the germs from which Christianity developed later on. The Church could thus appropriate them as her own with just reason.

In the use of some of the apocryphal and pseudepigraphic writings, I found it expedient to quote the English translations of them made by others, in so far as they could be brought into accord with the general style of the book, for which purpose I permitted myself the liberty of slight verbal changes. In particulars, I was guided, naturally, by my own conception of the subject, which the Notes justify in detail.

Besides the pseudepigrapha there are other Jewish sources in Christian garb. In the rich literature of the Church Fathers many a Jewish legend lies embalmed which one would seek in vain in Jewish books. It was therefore my special concern to use the writings of the Fathers to the utmost.


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 Parsnips, varieties of, 115. Improved Guernsey, 115. Peas, 115,179. varieties of, 117. American Wonder, 118, 180. Burpee’s Extra Early, 117. Burpee’s Quality, 120. Burpee’s Quantity, 120. Champion of England, 120. Extra Early Premium Gem, 118. Laxton’s Earliest of All, 118. Laxton’s Evolution, 119. Philadelphia Extra Early, 180. Pride of the Market, 118. Telephone, 180. The Stratagem, 119. Peppers, 121, 188. varieties of, 122. Bull Nose and Golden Dawn, 123, 189. Burpee’s Golden Upright, 123. Burpee’s Ruby King, 122, 189. Celestial Pepper, 124. Long Narrow Cayenne, 124. Procopp’s Giant, 124. Red Cluster, 123. Spanish Monstrous, 124. Pie Plant, 174. Planting the garden, 35. Pole Beans, 185. Potatoes, 133, 183. Early Ohio, 183. Sweet, 135, 188. Procuring the seeds and plants, 15. Pumpkins, 125. varieties of, 126. Golden Marrow, 126. Quaker Pie, 126. Saint George or Old Negro, 126. Small Sugar, 126.

Radishes, 126, 178, 191. varieties of, 128. Burpee’s Earliest, 128. California Mammoth White Winter, 128, 192. Chinese Rose Winter, 128, 192. Earliest Carmine, Olive-shaped, 130. Early Long Scarlet Short Top, 129. Early Oval Dark Red, 130. Early Round Dark Red, 130.

Radishes, Early White Turnip, 130. French Breakfast, 130, 179. Half Long Scarlet, 130. Round Black Spanish Winter, 128, 192. White-tipped Turnip, 130. Wood’s Early Frame, 130. Summer varieties of, 131. Burpee’s Surprise, 132. Chartiers or Shepherd, 132, 179. Giant White Stuttgart, 131, 179, 192. Golden Globe, 131, 179. Long White Globe, 132. Long White Vienna, 131. White Strasburg, 132. Winter varieties of, 132. California Mammoth White, 132, 192. Chinese Rose, 133. White Spanish, 192. Raspberries, Black Cap and Red, 161. Philadelphia and Cuthbert, 161. Rhubarb, 159, 174.

Sage, 136, 176. Salad, Corn, 193. Salsify, 178. Saving seeds, 167. Seeds and plants, procuring the, 15. Situation of the garden, 9. Slug Shot, Hammond’s, 91. Small Lima, or Sieva Bean, 186. Soil of the garden, 11. Spinach, 136, 178, 193. varieties of, 137. New Long Standing, 138. New Thick-leaved Round, 137, 193. Norfolk Savoy-leaved, 137. Prickly Winter, 193. Squashes, 138. Summer varieties of, 140. Brazil Sugar, 187. Early White Bush, or Patty, Pan, 140. Golden Summer Crookneck, 140. White Pineapple, or White Turban, 140, 187. Winter varieties of, 141.


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 The luxuriant abundance of the material to be presented made it impossible to give a verbal rendition of each legend. This would have required more than three times the space at my disposal. I can therefore claim completeness for my work only as to content. In form it had to suffer curtailment. When several conflicting versions of the same legend existed, I gave only one in the text, reserving the other one, or the several others, for the Notes, or, when practicable, they were fused into one typical legend, the component parts of which are analyzed in the Notes. In other instances I resorted to the expedient of citing one version in one place and the others in other appropriate places, in furtherance of my aim, to give a smooth presentation of the matter, with as few interruptions to the course of the narrative as possible. For this reason I avoided such transitional phrases as "Some say," "It has been maintained," etc. That my method sometimes separates things that belong together cannot be considered a grave disadvantage, as the Index at the end of the work will present a logical rearrangement of the material for the benefit of the interested student. I also did not hesitate to treat of the same personage in different chapters, as, for instance, many of the legends bearing upon Jacob, those connected with the latter years of the Patriarch, do not appear in the chapter bearing his name, but will be found in the sections devoted to Joseph, for the reason that once the son steps upon the scene, he becomes the central figure, to which the life and deeds of the father are subordinated.

Again, in consideration of lack of space the Biblical narratives underlying the legends had to be omitted—surely not a serious omission in a subject with which widespread acquaintance may be presupposed as a matter of course.