The Southwestern Reporter, Volume 216West Publishing Company, 1920 |
From inside the book
Results 1-5 of 100
Page 18
... instructions , which were substantially covered by another instruction given at its request . 2. TRIAL ~ 251 ( 8 ) — LIMITING INSTRUCTIONS TO NEGLIGENCE CHARGED . This is a police regulation , enacted for the general good . We held in ...
... instructions , which were substantially covered by another instruction given at its request . 2. TRIAL ~ 251 ( 8 ) — LIMITING INSTRUCTIONS TO NEGLIGENCE CHARGED . This is a police regulation , enacted for the general good . We held in ...
Page 19
... instruction given at defendant's the signal and backed the caboose violently request , cannot be sustained ; the instructions against the end of the standing car . Plain- not being conflicting , but to be considered in tiff was caught ...
... instruction given at defendant's the signal and backed the caboose violently request , cannot be sustained ; the instructions against the end of the standing car . Plain- not being conflicting , but to be considered in tiff was caught ...
Page 20
... instruction is argumentative and misleading , but we do not so consider it . Similar objections are made to other instructions , but the criticism is equally unfounded . Complaint is also made that several of the instructions assumed ...
... instruction is argumentative and misleading , but we do not so consider it . Similar objections are made to other instructions , but the criticism is equally unfounded . Complaint is also made that several of the instructions assumed ...
Page 22
... instruction which excluded that question from the consideration of the jury . We think there was no error of the court in this respect for there was no evidence to justify the submission of the [ 2 ] This instruction is illy framed ...
... instruction which excluded that question from the consideration of the jury . We think there was no error of the court in this respect for there was no evidence to justify the submission of the [ 2 ] This instruction is illy framed ...
Page 23
... instructions that unloading of car with knowledge that lumber did not conform to contract constituted acceptance . 6. TRIAL 253 ( 1 ) -INSTRUCTIONS . Court cannot be required to cover every phase of the case in one instruction . Appeal ...
... instructions that unloading of car with knowledge that lumber did not conform to contract constituted acceptance . 6. TRIAL 253 ( 1 ) -INSTRUCTIONS . Court cannot be required to cover every phase of the case in one instruction . Appeal ...
Other editions - View all
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...