The Texas Civil Appeals Reports: Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas, Volume 33State of Texas, 1905 - Law reports, digests, etc Cases argued and determined in the Courts of Civil Appeals of the State of Texas. |
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Page 3
... contention . If the railroad company was not liable upon the main branch of the case , it would not be liable for the items expended by the plaintifs in treating and caring for Mrs. Ellyson dur- ing her last illness , although such ...
... contention . If the railroad company was not liable upon the main branch of the case , it would not be liable for the items expended by the plaintifs in treating and caring for Mrs. Ellyson dur- ing her last illness , although such ...
Page 12
... contention of appellant that when an appraisément is had under the provisions of the insurance policy , the award of the appraisers is binding upon both the assured and the insurer , and is only subject to attack on the ground of fraud ...
... contention of appellant that when an appraisément is had under the provisions of the insurance policy , the award of the appraisers is binding upon both the assured and the insurer , and is only subject to attack on the ground of fraud ...
Page 13
... contention in regard to the award of the appraisers . In that case the appraiser for the insured , after some progress had been made in the appraisement , withdrew , just as the ap- praiser for the insured in this case did , and ...
... contention in regard to the award of the appraisers . In that case the appraiser for the insured , after some progress had been made in the appraisement , withdrew , just as the ap- praiser for the insured in this case did , and ...
Page 17
... contention of appellants on a former appeal of this case . Cardwell v . Masterson , 27 Texas Civ . App . , 591 , 66 S. W. Rep . , 1121 . In that opinion the authorities are cited and discussed , and we do not feel disposed to further ...
... contention of appellants on a former appeal of this case . Cardwell v . Masterson , 27 Texas Civ . App . , 591 , 66 S. W. Rep . , 1121 . In that opinion the authorities are cited and discussed , and we do not feel disposed to further ...
Page 18
... contention in regard to the rental contract between appellees and Masterson , and the trial judge seems to have proceeded on , that theory , and appellants have lost their right to demand the best evidence by permitting withouť ob ...
... contention in regard to the rental contract between appellees and Masterson , and the trial judge seems to have proceeded on , that theory , and appellants have lost their right to demand the best evidence by permitting withouť ob ...
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Common terms and phrases
acres admissible affirmed agent agreement alleged amount answer appellant appellant's appellee appellee's application assignment of error ASSOCIATE JUSTICE.-This attorney Bell County bond cause of action charge claim complained contention contract contributory negligence conveyed Corsicana County Court Dallas Electric Company damages Decided November deed defendant defendant's demurrer District Court duty effect engine error refused evidence executed facts favor filed Fort Worth Galveston Harris County held injuries issue judgment jurisdiction jury land in controversy liable lien ment mortgage opinion overruled paid parties payment person petition plaintiff in error pleaded Pogue purchase purpose question Railway Company reason received record recover rendered rule S. W. Rep San Antonio shown Sidney Webb statement statute sued sufficient suit sustained testified testimony Texas Civ Texas Ct thereof tion track train trial court Tried try title verdict wife witness Writ of error
Popular passages
Page 451 - The proximate cause of an event must be understood to be that which in a natural and continuous sequence, unbroken by any new, independent cause, produces that event, and without which that event would not have occurred.
Page 418 - The burden of proof is on the plaintiff to show by a preponderance of the testimony that the defendants, or one of them, was guilty of negligence which resulted directly in the death of the deceased.
Page 394 - On the contrary, the evidence clearly shows that the message sent for transmission was received by the Chickasha office in time to have been delivered, and the message described In the petition is clearly identified by the testimony of the agents of appellant. Appellant's fifth assignment of error complains that the court erred in overruling its motion for a new trial because the jury, without the appellant's knowledge and consent, in retiring to deliberate upon their verdict, carried with them a...
Page 12 - In the event of disagreement as to the amount of loss, the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire. The appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award, in writing, of any two, shall...
Page 606 - When the owner, manager or shipper of any freight of any kind shall make application in writing to any superintendent, agent or other person in charge of transportation of any railroad company, receiver or trustee operating a line of railway at any point that cars are desired upon which to ship any freight, it shall be the duty of such railroad company...
Page 361 - 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 683 - Negligence, constituting a cause of civil action, is such an omission, by a responsible person, to use that degree of care, diligence and skill which it was his legal duty to use for the protection of another person from injury as, in a natural and continuous sequence, causes unintended damage to the latter.
Page 606 - ... trustee or other person in, charge thereof to supply the number of cars so required at the point indicated in the application within a reasonable time thereafter, not to exceed six days from the receipt of such application, and...
Page 606 - When the cars are applied for under the provisions of this chapter, if they are not furnished, the railway company so failing to furnish them shall forfeit to the party or parties so applying for them the sum of...
Page 516 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.