Reports of Cases Determined by the Supreme Court of the State of Missouri, Volume 261E.W. Stephens, 1915 |
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Page 5
... verdict in favor of the defendant , without regard as to whether or not the dangers attendant upon plain- tiff's performing his task were so obviously apparent that a reasonably prudent man would not attempt the performance of the task ...
... verdict in favor of the defendant , without regard as to whether or not the dangers attendant upon plain- tiff's performing his task were so obviously apparent that a reasonably prudent man would not attempt the performance of the task ...
Page 7
... verdict set aside , grant- ing a new trial on the ground of error in defendant's given instructions . Thereat defendant , a corporation , appealed from such order . Plaintiff dying pending appeal , Strother , administrator , is ...
... verdict set aside , grant- ing a new trial on the ground of error in defendant's given instructions . Thereat defendant , a corporation , appealed from such order . Plaintiff dying pending appeal , Strother , administrator , is ...
Page 10
... verdict must be for the plaintiff . " Plaintiff introduced evidence tending to prove the facts hypothesized and outlined in that instruction and the averments of his petition . The case will proceed on appeal more understandingly by ...
... verdict must be for the plaintiff . " Plaintiff introduced evidence tending to prove the facts hypothesized and outlined in that instruction and the averments of his petition . The case will proceed on appeal more understandingly by ...
Page 14
... verdict is against the weight of the evidence . From that angle also they contend ( that element being pres- ent and noticed in the motion for a new trial ) the order granting a new trial was well enough . Such substantially is the case ...
... verdict is against the weight of the evidence . From that angle also they contend ( that element being pres- ent and noticed in the motion for a new trial ) the order granting a new trial was well enough . Such substantially is the case ...
Page 15
... verdict , or of defendant's instruc- tions ( Fritz v . Railroad , 243 Mo. 1. c . 69 ) and hence was not entitled to a new trial . In our opinion the doctrine of fellow - servant does not bar recovery in this case as a matter of law ...
... verdict , or of defendant's instruc- tions ( Fritz v . Railroad , 243 Mo. 1. c . 69 ) and hence was not entitled to a new trial . In our opinion the doctrine of fellow - servant does not bar recovery in this case as a matter of law ...
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Common terms and phrases
adverse possession alleged Alport appellant bill brake cause of action Circuit Court.-Hon City of Lamar claim color of title concur conspiracy Constitution contract counsel cross-arm Darrow deed of trust defendant Briggs defendant's demurrer dramshop Drury College duty engine Ennis equity evidence ex rel facts feet fendant Fenton follows further George gripman handhold heirs held Hoffman Holzemer husband injuries inspection Judge judgment Lamar Township liquors Louis Club ment Missouri mistake of law negligence Nelson opinion owner paid parties Pemiscot county petition Pillman plaintiff pleaded pole possession proof purchase question quiet title quitclaim deed Railroad real estate reason record refused respondent Roby rule Schell City sell Sifford sign the deed statute suit supra swamp lands taxes Teetor testator testified testimony thereof thousand dollars tiff tion to-wit track train trial court verdict wife witness
Popular passages
Page 670 - WHEN a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her : then let him write her a bill of divorcement, and give it in her hand, and send her out of his house.
Page 534 - The signing by the Speaker of the House of Representatives, and by the President of the Senate, in open session, of an enrolled bill, is an official attestation by the two Houses of such bill as one that has passed Congress.
Page 383 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 441 - ... that where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 529 - ... no bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the persons voting for and against the same be entered on the journal, and a majority of the members elected to each House be recorded thereon as voting in its favor.
Page 661 - Any policy of insurance heretofore or hereafter made by any insurance company on the life of any person, expressed to be for the benefit of any married woman, whether the same be effected by herself or by her husband, or by any third person in her behalf, shall inure to her separate use and benefit...
Page 24 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services for compensation takes upon himself the natural risks and perils incident to the performance of such services, and in legal presumption the compensation is adjusted accordingly.
Page 21 - Roccus, who says : if mice eat the cargo, and thereby occasion no small injury to the merchant, the master must make good the loss, because he is guilty of a fault. Yet if he had cats on board his ship, he shall be excused.
Page 644 - Legislature shall have no power to make any grant, or authorize the making of any grant, of public money to any individual, association of individuals, municipal or other corporation whatsoever...
Page 147 - ... as an ordinarily prudent person would use under the same or similar circumstances in ascertaining obvious defects.