The Pacific Reporter, Volume 129West Publishing Company, 1913 |
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Common terms and phrases
affirmed agent agreement alleged amount appellant appellee authority bond Bonneville county cause of action Cent charge claim Coal county Colo complaint contract contributory negligence corporation counsel county court CRIMINAL LAW damages decree deed defendant defendant's dence district court ditch duty election entitled evidence executors fact fendant filed grade of service held Indictment injury instruction issue Judge judgment jurisdiction jury Key-No land liability lien liquor ment negligence Note.-For NUMBER in Dec Oklahoma opinion option law owner paid parties payment person petition plaintiff in error pleadings purchase question quiet title quitclaim deed reason remanded Rep'r Indexes replevin respondent reversed Rice creek rule section NUMBER Series & Rep'r statute street sufficient Supreme Court Surety testified testimony thereof tide lands tiff tion topic and section tract trial court trust verdict Wash witness
Popular passages
Page 292 - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 92 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust within the meaning of this section.
Page 439 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion from them that the question of negligence is ever considered as one of law for the court.
Page 292 - ... no contract, receipt, rule, or regulation shall exempt such common carrier, railroad, or transportation company from the liability hereby imposed: Provided, That nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Page 62 - Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where Opinion of tbe Court. such land is located...
Page 223 - The powers of the government of this state are divided into three distinct departments, the Legislative, Executive and Judicial, and no person or collection of persons...
Page 231 - If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.
Page 68 - But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 292 - That any common carrier railroad or transportation company receiving property for transportation from a point in one state to a point in another state shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...
Page 291 - Act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation...