Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa, Volume 131State of Iowa, 1907 |
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Page 33
... received her injuries was not a defense to her action for damages . Same . An instruction , that if the shovel in question was naturally 4 calculated to frighten horses of ordinary gentleness it was the duty of defendant to exercise ...
... received her injuries was not a defense to her action for damages . Same . An instruction , that if the shovel in question was naturally 4 calculated to frighten horses of ordinary gentleness it was the duty of defendant to exercise ...
Page 35
... If such testimony cannot be received , the fact must be proven by the testi- mony of expert horsemen or the question must be left for the jury to determine from its own knowledge . Such June 1906 ] HEINMILLER v . WINSTON BROS . 35.
... If such testimony cannot be received , the fact must be proven by the testi- mony of expert horsemen or the question must be left for the jury to determine from its own knowledge . Such June 1906 ] HEINMILLER v . WINSTON BROS . 35.
Page 39
... have been produced by the fall from the buggy , or by any injury then received , is al- most conclusively shown by the medical testimony produced 131 40 by both sides . In view of this June 1906 ] HEIN MILLER V. WINSTON BROS . 39.
... have been produced by the fall from the buggy , or by any injury then received , is al- most conclusively shown by the medical testimony produced 131 40 by both sides . In view of this June 1906 ] HEIN MILLER V. WINSTON BROS . 39.
Page 40
... received all of the earnest money due under the contract of sale but that a portion was held in escrow pending litigation over the right to the same , and stating that when received they would pay plaintiff's commission , did not ...
... received all of the earnest money due under the contract of sale but that a portion was held in escrow pending litigation over the right to the same , and stating that when received they would pay plaintiff's commission , did not ...
Page 44
... received the full $ 836 ; that his right to it was still in litigation . Upon this testimony the verdict for plaintiffs was directed . There was a square conflict between plaintiffs and defendants as to terms of the commission contract ...
... received the full $ 836 ; that his right to it was still in litigation . Upon this testimony the verdict for plaintiffs was directed . There was a square conflict between plaintiffs and defendants as to terms of the commission contract ...
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action admissible adverse possession affirmed agent agreement alleged amendment amount appeal appellant appellee assessment authority bank bonds cashier cause Cedar Falls Cedar Rapids charge claim Code condition Constitution contract contributory negligence conveyance corporation counsel damages deed defendant defendant's demurrer denied directed verdict District Court duty election employés entitled estopped estoppel evidence fact fendant filed fourteenth amendment held injury instruction interurban Iowa issue Judge judgment jury land legislation liability McAllister ment mortgage negligence notes owner paid parties payment person petition pit boss plaintiff pleaded premises purchase purpose question Railroad Railroad Co railway company reason received record recover reference Reversed rule rule in Shelley's Salinger & Brigham sheriff's deed statute street supra surety testified testimony thereof thereto tion tract trial court verdict witness
Popular passages
Page 133 - The inquiry is, what are the privileges and immunities of citizens in the several States? We feel no hesitation in confining these expressions to those privileges and immunities which are in their nature fundamental, which belong of right to the citizens of all free governments ; and which have at all times been enjoyed by the citizens of the several States which compose this Union, from the time of their becoming free, independent, and sovereign.
Page 363 - The legislature has also recognized the fact, which the experience of legislators in many states has corroborated, that the proprietors of these establishments and their operatives do not stand upon an equality, and that their interests are, to a certain extent, conflicting. The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of discharge to conform to regulations which their judgment, fairly exercised, would pronounce...
Page 140 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Page 724 - ... described, can have nothing to do with facilitating the collection of the revenue, as we should be obliged to do if we were to declare this act beyond the power of Congress, acting under its constitutional authority, to impose excise taxes. It follows that the judgment of the District Court must be reversed.
Page 388 - Sec. 3. That no contract of employment, insurance, relief benefit, or indemnity for injury or death entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit, or indemnity by the person entitled...
Page 129 - ... that honorably discharged soldiers and sailors from the army and navy of the United States in the late Civil War, who are citizens and residents of this State, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.
Page 321 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Page 393 - Considered as such, it is simply a statute imposing a penalty upon railroad corporations for a failure to pay certain debts. No individuals are thus punished, and no other corporations. The act singles out a certain class of debtors and punishes them when for like delinquencies it punishes no others.
Page 498 - Every citizen of the United States is also a citizen of a state or territory. He may be said to owe allegiance to two sovereigns, and may be liable to punishment for an infraction of the laws of either. The same act may be an offense or transgression of the laws of both.
Page 363 - The State still retains an interest in his welfare however reckless he may be. The whole is no greater than the sum of all the parts and when the individual health safety and welfare are sacrificed or neglected, the State must suffer.