The Southwestern Reporter, Volume 77West Publishing Company, 1904 - Law reports, digests, etc |
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Page 61
... instruction , which was as follows , the modification being the words embraced in brackets : " Even if the jury find from the evidence that the employés of defendant in charge of the train in question saw the child approaching in the ...
... instruction , which was as follows , the modification being the words embraced in brackets : " Even if the jury find from the evidence that the employés of defendant in charge of the train in question saw the child approaching in the ...
Page 70
... INSTRUCTIONS PLEAD- INGS - ASSUMPTION OF RISK - DAMAGES . 1. A street railway company assuming to carry a passenger ... instruction that such company was not liable , if at the moment of the accident its car was not passing through the ...
... INSTRUCTIONS PLEAD- INGS - ASSUMPTION OF RISK - DAMAGES . 1. A street railway company assuming to carry a passenger ... instruction that such company was not liable , if at the moment of the accident its car was not passing through the ...
Page 73
... instructions . Ap- Instruction No. 3 given for the plaintiff be- gins as follows : " The jury are instructed that if you believe and find from the evidence in this case that the servants of defendant St. Louis & Meramec River Railroad ...
... instructions . Ap- Instruction No. 3 given for the plaintiff be- gins as follows : " The jury are instructed that if you believe and find from the evidence in this case that the servants of defendant St. Louis & Meramec River Railroad ...
Page 81
... instruction asked by defend- ant was refused by the court : " ( 2 ) Even if the jury do find from the evi- dence , under the instructions of the court , that the plaintiff tendered good money in payment of his fare , and that the ...
... instruction asked by defend- ant was refused by the court : " ( 2 ) Even if the jury do find from the evi- dence , under the instructions of the court , that the plaintiff tendered good money in payment of his fare , and that the ...
Page 90
... instruction were all one way . There was no conflict in the testi- mony in the respect just referred to . If the uncontradicted evidence be given the effect required by the instruction , the finding could not have been otherwise than ...
... instruction were all one way . There was no conflict in the testi- mony in the respect just referred to . If the uncontradicted evidence be given the effect required by the instruction , the finding could not have been otherwise than ...
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Common terms and phrases
acres adverse possession affirmed alleged amount Appeal from Circuit Appeals of Texas appellant appellant's appellee appellee's bank bill Cahill cause of action Cent charge Circuit Court Civil Appeals claim conductor contract contributory negligence Coun Court of Appeals Court of Civil court of equity Dallas County damages deceased deed deed of trust defendant's demurrer dence Dickson & Moroney District Court error evidence executed facts favor fendant filed held injury instruction issue Judge jury Kentucky land liable lien ment negligence Oak Cliff option law paid parties passenger Patrick Cahill payment person petition plaintiff in error pleaded purchase question railroad Railway reason recover Rehearing rendered reversed statute street suit sustained Tamblin testified testimony thereof tiff tion track tract trial court verdict wife witness
Popular passages
Page 359 - The power we allude to is rather the police power, the power vested in the legislature by the constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.
Page 359 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment, as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law, as the legislature, under the governing and controlling power vested in them by the constitution, may think necessary and expedient.
Page 226 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 152 - At the opening of plaintiff's case, the defendant objected to the introduction of any evidence on the ground that the complaint does not state facts sufficient to constitute a cause of action.
Page 378 - The party holding the affirmative of the issue must produce the evidence to prove it; therefore, the burden of proof lies on the party who would be defeated if no evidence were given on either side.
Page 384 - ... of premiums or rates charged for policies of life or endowment insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the...
Page 404 - ... of all suits, complaints or pleas whatever, without regard to any distinction between law and equity, when the matter in controversy shall be valued at or amount to five hundred dollars exclusive of interest...
Page 334 - If at the time of fire the whole amount of insurance on the property covered by this policy shall be less than per cent, of the actual cash value thereof, this Company shall, in case of loss or damage, be liable for such portion only of the loss or damage as the amount insured by this policy shall bear to the said per cent, of the actual cash value of such property...
Page 117 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 257 - 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.