The South Western Reporter, Volume 152West Publishing Company, 1913 - Law reports, digests, etc Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas. |
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affirmed alleged amended amount APPEAL AND ERROR appellant appellant's appellee Arkansas assignment attorney bond cause of action Cent charge circuit court claim Company Conradine contract contributory negligence corporation counsel court of equity damages deceased deed deed of trust defendant defendant's demurrer employés estoppel evidence execution fact fendant filed franchise fraud held homestead injury instruction issue Jones county Judge judgment jury Kansas City Key-No Keytesville land liable Louis Lucius D ment Missouri motion MUNICIPAL CORPORATIONS negligence Note Note.-For NUMBER in Dec paid parties payment person petition plaintiff Platt pleadings purchase question railroad Railway reason recover Rep'r Indexes rule section NUMBER Series & Rep'r statute street suit Supreme Court surety testified testimony thereof tiff tion topic and section tract trial court trust verdict Western Union witness
Popular passages
Page 443 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 255 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 348 - The true reason of the remedy; and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro private commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico.
Page 86 - That for and in consideration of the sum of one dollar cash in hand paid by the party of the second part to the party of the first part...
Page 353 - Good will may be properly enough described to be the advantage or benefit which is acquired by an establishment beyond the mere value of the capital, stock, funds or property employed therein in consequence of the general public patronage and encouragement which it receives from constant or habitual customers on account of its local position or common celebrity, or reputation for skill or affluence or punctuality or from other accidental circumstances or necessities, or even from ancient partialities...
Page 348 - Exchequer that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered...
Page 185 - ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier...
Page 28 - That must always rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification is proposed, and can never be made arbitrarily and without any such basis.
Page 314 - When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress,' or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished...
Page 255 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that...