The Pacific Reporter, Volume 169West Publishing Company, 1918 - Law reports, digests, etc |
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Page 34
... NEGLIGENCE CIENCY . action . In negligence actions , the evidence , either direct or circumstantial , must prima facie es- tablish all elements constituting the cause of 2. MASTER AND SERVANT 265 ( 5 ) INJURY TO MINER - SUFFICIENCY OF ...
... NEGLIGENCE CIENCY . action . In negligence actions , the evidence , either direct or circumstantial , must prima facie es- tablish all elements constituting the cause of 2. MASTER AND SERVANT 265 ( 5 ) INJURY TO MINER - SUFFICIENCY OF ...
Page 36
... negligence , his complaint must allege facts showing these three elements : ( 1 ) That the defendant was under a legal duty to protect him from the injury of which he com- plains ; ( 2 ) that the defendant failed to perform this duty ...
... negligence , his complaint must allege facts showing these three elements : ( 1 ) That the defendant was under a legal duty to protect him from the injury of which he com- plains ; ( 2 ) that the defendant failed to perform this duty ...
Page 37
... negligent nonfeasance or misfeasance the members must answer to whomsoever is in- jured thereby . Whether this be correct we may not here decide because the record does not show negligence or any injury due to negligence . It is true ...
... negligent nonfeasance or misfeasance the members must answer to whomsoever is in- jured thereby . Whether this be correct we may not here decide because the record does not show negligence or any injury due to negligence . It is true ...
Page 40
... NEGLIGENCE QUESTION FOR JURY . In an action against a street railway com- pany for injuries to a passenger who slipped on snow and ice on the car step when alighting , case held for the jury under proper instructions on the issue of the ...
... NEGLIGENCE QUESTION FOR JURY . In an action against a street railway com- pany for injuries to a passenger who slipped on snow and ice on the car step when alighting , case held for the jury under proper instructions on the issue of the ...
Page 41
... negligence on the part of the defendant had been shown , and directed a verdict for the defendant . " The Supreme Court of Rhode Island held that the verdict was rightly directed , resting its decision in the main upon the case of ...
... negligence on the part of the defendant had been shown , and directed a verdict for the defendant . " The Supreme Court of Rhode Island held that the verdict was rightly directed , resting its decision in the main upon the case of ...
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Common terms and phrases
action affirmed agreement alleged amount answer Appeal from Superior appellant assessment attorney authority Bank cause Chaves county claim Code commission common carrier Company complaint concur contract corporation counsel CRIMINAL LAW damages deceased declared decree defendant defendant's demurrer denied Digests and Indexes District Court entitled evidence fact fendant filed findings held Idaho inheritance tax injury instruction issued Judge judgment roll jurisdiction jury Key-Numbered Digests land Lea county lien liquor McClellan ment mortgage motion negligence owner paid parties payment person petition plaintiff plaintiff in error pleadings possession premises proceedings Public Utilities Act purchase question railroad reason record respondent rule San Francisco statute Superior Court Supreme Court sustained taxicab testified testimony thereof tiff tion topic and KEY-NUMBER trial court trustee verdict Wash wife witness
Popular passages
Page 65 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he...
Page 350 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 291 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 84 - The legislature shall not delegate to any special commission, private corporation, company, association or individual any power to make, control, appropriate, supervise or in any way interfere with any county, city, town or municipal improvement, money, property, or effects, whether held in trust or otherwise, or to levy taxes or assessments or perform any municipal function whatever...
Page 64 - In view of the adjudications these principles must be regarded as settled : " 1. A railroad corporation is a person within the meaning of the fourteenth amendment declaring that no state shall deprive any person of property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
Page 87 - 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 239 - An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.
Page 136 - arises out of the employment when there is apparent to the rational mind upon consideration of all the . circumstances, a causal connection between the conditions under which the work is required to be performed and the resulting injury.
Page 183 - Immediately after entering the judgment, the Clerk must attach together and file the following papers, which constitute the judgment roll: 1.
Page 89 - No association shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith; and stock so purchased or acquired shall, within six months from the time of its purchase, be sold or disposed of at public or private sale; or, in default thereof, a receiver may be appointed to close up the business of the association,...