The Southwestern Reporter, Volume 169West Publishing Company, 1915 |
From inside the book
Results 1-5 of 100
Page 17
... INSTRUCTIONS CONFORM- ITY TO EVIDENCE . - In an electric light lineman's action for in- juries caused by a cross - arm crumbling and per- mitting him to fall , an instruction hypothesizing the lineman's lack of opportunity , time , or ...
... INSTRUCTIONS CONFORM- ITY TO EVIDENCE . - In an electric light lineman's action for in- juries caused by a cross - arm crumbling and per- mitting him to fall , an instruction hypothesizing the lineman's lack of opportunity , time , or ...
Page 21
... Instructions . [ 6 ] We will next consider the issues ing on the giving and refusal of instructions . A most earnest complaint is made against plaintiff's instruction No. 2 , which reads as follows : exercise of ordinary care at that ...
... Instructions . [ 6 ] We will next consider the issues ing on the giving and refusal of instructions . A most earnest complaint is made against plaintiff's instruction No. 2 , which reads as follows : exercise of ordinary care at that ...
Page 22
... instruction No. 3 , requested by defendants , should have been given , we think its refusal was harmless , be- cause defendants ' theory of the case was properly presented to the jury by other in- structions . Instruction No. 7 , given ...
... instruction No. 3 , requested by defendants , should have been given , we think its refusal was harmless , be- cause defendants ' theory of the case was properly presented to the jury by other in- structions . Instruction No. 7 , given ...
Page 27
... instruction to the jury was to assess the damages in accordance with that instruction at not exceeding $ 50 , - 000 . In Lessenden v . Railroad , 238 Mo. loc . cit . 265 , 142 S. W. 332 , 337 , Valliant , J. , speak- ing of the Partello ...
... instruction to the jury was to assess the damages in accordance with that instruction at not exceeding $ 50 , - 000 . In Lessenden v . Railroad , 238 Mo. loc . cit . 265 , 142 S. W. 332 , 337 , Valliant , J. , speak- ing of the Partello ...
Page 43
... instruction for defendant , that there was no evidence that the condition of the hand directly jury , and the jury's finding on that issue must caused or contributed to cause plaintiff's in- be for defendant , ground for sustaining an ...
... instruction for defendant , that there was no evidence that the condition of the hand directly jury , and the jury's finding on that issue must caused or contributed to cause plaintiff's in- be for defendant , ground for sustaining an ...
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action alleged Alport appellant appellant's appellee cause Cent charge circuit court city of St claim contract contributory negligence corporation counsel court of equity cross-arm damages deceased deed defendant defendant's Drury College duty employés Ennis error evidence execution fact fendant filed Henry Shaw husband injury instruction issue Jackson county Judge judgment jury Key-No land lease Louis Lumber Lumber Company ment Missouri motion Muckermann negligence Note.-For NUMBER in Dec opinion paid parties Pemiscot county person petition plaintiff pleadings pole purchase question quitclaim deed quo warranto railroad reason record Rep'r Indexes respondent rule section NUMBER Series & Rep'r statute suit supra taxes testator testified testimony thereof tiff tion topic and section Tower Grove Park track tract train trial court trust verdict wife wires witness yellow pine
Popular passages
Page 157 - Whenever it shall appear to the court before which any proceeding under section four of this act may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not ; and subpoenas to that end may be served in any district by the marshal thereof.
Page 309 - No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny any person within its jurisdiction the equal protection of the laws.
Page 324 - That whensoever the death of a person shall be caused by wrongful act, neglect, or default and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 52 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 320 - ... any pool, trust, agreement, combination, confederation or understanding with any other corporation, partnership, individual, or any other person or association of persons, to regulate or fix the price of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, any product of mining, or any article or thing whatsoever...
Page 168 - Thompson, for the sum of $1*740 02, with interest thereon at the rate of 8 per cent. per annum, from the 7th day of November, 1839, until paid, together with costs.
Page 324 - Whenever the death of a person shall be caused by a wrongful act, neglect or default of another, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action...
Page 37 - ... 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 231 - ... the holder of the legal title to retain and enjoy the. beneficial interest, equity impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same, although he may never perhaps have had any legal estate therein; and a court of equity has jurisdiction to reach the property either in the hands of the original wrongdoer, or in the hands of any subsequent holder, until a purchaser of it in good faith and without notice, acquires a...
Page 307 - ... 2. When the action is between herself and her husband, she may sue or be sued alone; 3.