The Southwestern Reporter, Volume 216West Publishing Company, 1920 |
From inside the book
Results 1-5 of 100
Page 15
... fact , then , that it nor other explanatory proof offered , and the did fall raises the presumption of negligence . " Supreme Court of Michigan held there was a presumption of negligence which entitled the plaintiff to go to the jury ...
... fact , then , that it nor other explanatory proof offered , and the did fall raises the presumption of negligence . " Supreme Court of Michigan held there was a presumption of negligence which entitled the plaintiff to go to the jury ...
Page 22
... fact did not prevent appellant the attention of the court by a specific ob- from showing that , notwithstanding W. L.jection . It is doubtful , to say the least of it , Campbell executed the contract in his own whether the question of ...
... fact did not prevent appellant the attention of the court by a specific ob- from showing that , notwithstanding W. L.jection . It is doubtful , to say the least of it , Campbell executed the contract in his own whether the question of ...
Page 35
... fact , they were at liberty to disregard his testimony in whole or in part , or to believe it in part and disregard it in part , held not erroneous , taking instruction as a whole as authorizing the jury to disregard any part of a ...
... fact , they were at liberty to disregard his testimony in whole or in part , or to believe it in part and disregard it in part , held not erroneous , taking instruction as a whole as authorizing the jury to disregard any part of a ...
Page 43
... fact that this caused Mrs. Drury's sickness tirely within the knowledge of its own em- and death . Ptomaine is a putrefactive alka- ployés , and the circumstances proven in this loid generally found in the form of malignant case were at ...
... fact that this caused Mrs. Drury's sickness tirely within the knowledge of its own em- and death . Ptomaine is a putrefactive alka- ployés , and the circumstances proven in this loid generally found in the form of malignant case were at ...
Page 57
... fact ; it must go further and allege that the record affirmatively shows the absence of such fact . Hence , a SENCE OF JURISDICTIONAL FACT NOT APPEAR- pleading such as the reply in this case , ING IN RECORD . Where absence of jurisdictional ...
... fact ; it must go further and allege that the record affirmatively shows the absence of such fact . Hence , a SENCE OF JURISDICTIONAL FACT NOT APPEAR- pleading such as the reply in this case , ING IN RECORD . Where absence of jurisdictional ...
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Common terms and phrases
acres adverse possession affirmed alleged amended amount Appeals of Texas appellant appellant's appellee appellee's assignment attorney bond cause of action charge Circuit Court Civil Appeals claim complaint contract corporation county court Court of Civil crates CRIMINAL LAW damages deceased deed defendant defendant's demurrer Digests and Indexes duty El Paso employé evidence executed fact fendant filed held injury instruction issue Judge judgment jury Kentucky Key-Numbered Digests land lant lease lien Lumber ment motion negligence option law overruled Owensboro paid party payment pellant person petition plaintiff in error pleadings possession Presidio county prosecution purchase question railroad reason record recover reversed rule section 28 statute sued suit sustained testator testified testimony thereof tiff tion topic and KEY-NUMBER tract trial court trust try title verdict wife witness
Popular passages
Page 5 - That carriers while under Federal control shall be subject to all laws and liabilities as common carriers, whether arising under State or Federal laws or at common law, except in so far as may be inconsistent with the provisions of this Act or any other Act applicable to such Federal control or with any order of the President.
Page 11 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 151 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
Page 5 - Actions at law or suits in equity may be brought by and against such carriers and judgments rendered as now provided by law; and in any action at law or suit in equity against the carrier, no defense shall be made thereto upon the ground that the carrier is an instrumentality or agency of the federal government.
Page 283 - Treasurer shall give a bond for the faithful discharge of his duties in such sum and with such surety or sureties as the Board of Directors shall determine.
Page 465 - The insurer may cancel this policy at any time by written notice delivered to the insured, or mailed to his last address as shown by the records of the insurer...
Page 90 - Every action most be prosecuted in the name of the real party in interest, except that an executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining with him the person for whose benefit it is prosecuted.
Page 103 - The General Assembly shall provide by law an annual tax, which, with other resources, shall be sufficient to defray the estimated expenses of the Commonwealth for each fiscal year.
Page 444 - No person who has received, or whose assignor has received, under a contract for the purchase of real or personal property, or of lease or bailment with a view to purchase of such property, a deposit or installment of the purchase price...
Page 455 - Where the injury for which compensation is payable under this act was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, the employee may at his option proceed either at law against that person to recover damages, or against the employer for compensation under this act, .but not against both...