The Southwestern Reporter, Volume 87West Publishing Company, 1905 - Law reports, digests, etc |
From inside the book
Results 6-10 of 100
Page 80
... petition against the car company is as follows : " And plaintiff further states that said defendant St. Louis Car Company , wholly disregarding and neglecting its duties , did , while plain- tiff was so working on said post ...
... petition against the car company is as follows : " And plaintiff further states that said defendant St. Louis Car Company , wholly disregarding and neglecting its duties , did , while plain- tiff was so working on said post ...
Page 166
... petition and evidence , should have been given . 4. Where plaintiff was entitled to recover for injury from negligence if certain facts alleged in the petition were true , and the charge only authorized recovery if those and other facts ...
... petition and evidence , should have been given . 4. Where plaintiff was entitled to recover for injury from negligence if certain facts alleged in the petition were true , and the charge only authorized recovery if those and other facts ...
Page 169
... petition should have alleged a partnership , a joint contract , or the precise amount of damages resulting from the negligence of each separate car- rier . The petition did comply with the act stated in alleging the transportation over ...
... petition should have alleged a partnership , a joint contract , or the precise amount of damages resulting from the negligence of each separate car- rier . The petition did comply with the act stated in alleging the transportation over ...
Page 190
... petition , seeking the recovery of more than one penalty , and failing to require the state to elect upon which one of the several breaches alleged it would re- ly , was harmless where the jury found but one breach . 2. In an action on ...
... petition , seeking the recovery of more than one penalty , and failing to require the state to elect upon which one of the several breaches alleged it would re- ly , was harmless where the jury found but one breach . 2. In an action on ...
Page 191
... PETITION -SUFFICIENCY - EVIDENCE - ADMISSIBILITY . 1. Where the petition in an action against a carrier for injuries to cattle in transit alleged that the cattle were contracted to be sold to a certain buyer at a named price , it was ...
... PETITION -SUFFICIENCY - EVIDENCE - ADMISSIBILITY . 1. Where the petition in an action against a carrier for injuries to cattle in transit alleged that the cattle were contracted to be sold to a certain buyer at a named price , it was ...
Other editions - View all
Common terms and phrases
action Affirmed agent alleged Appeal from Circuit Appeals of Texas appellant appellant's appellee assignment of error carrier cattle cause Cent charge Circuit Court Civil Appeals claim Coke county contract contributory negligence county court Court of Civil damages deed defendant defendant's dence District Court duty employés engine evidence facts favor fendant filed held injury instruction issue Judge judgment jury land Laurel county liable lien Louis Louis Southwestern Railway Luke Moore ment Missouri motorman negligence Note.-For option law paid parties passenger person petition plaintiff plaintiff in error plea in abatement pleaded Pullman Company purchase question railroad company Railway Company reason recover reversed road rule servant sleeping cars statute suit taxes testified testimony thereof tiff timber tion track tract train trial court verdict witness
Popular passages
Page 379 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 193 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs...
Page 402 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter for an injury for the same act or omission.
Page 329 - ... the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties, respectively, for whom and for whose benefit such action shall be brought...
Page 416 - Now know ye, that the UNITED STATES OF AMERICA, in consideration...
Page 402 - The verdict of a jury is either general or special. A general verdict Is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant: a special verdict is that by which the jury find the facts only, leaving the judgment to the court.
Page 129 - ... 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 determine the amount of such loss...
Page 381 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Page 311 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 193 - ... the sum for which this company is liable pursuant to this policy shall be payable sixty days after due notice, ascertainment, estimate, and satisfactory proof of the loss have been received by this company in accordance with the terms of this policy.