The Southwestern Reporter, Volume 171West Publishing Company, 1915 - Law reports, digests, etc |
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Page 17
... petition is not erroneous as allowing recovery for gen- . eral negligence , which was not claimed in the petition , although disconnected portions thereof might be susceptible of that construction . [ Ed . Note . For other cases , see ...
... petition is not erroneous as allowing recovery for gen- . eral negligence , which was not claimed in the petition , although disconnected portions thereof might be susceptible of that construction . [ Ed . Note . For other cases , see ...
Page 18
... petition . It should not be cut up and subdivided into different divisions and then construed as allowing a recovery upon general negligence when the petition charged particular negligence . The instruc- tion , as well as the petition ...
... petition . It should not be cut up and subdivided into different divisions and then construed as allowing a recovery upon general negligence when the petition charged particular negligence . The instruc- tion , as well as the petition ...
Page 19
... petition and specified in instruc- tion No. 2. Especially is this true where there was no evidence of any negligent acts aside from those pleaded in the petition and set forth in said last - named instruction No. 2. The case is ...
... petition and specified in instruc- tion No. 2. Especially is this true where there was no evidence of any negligent acts aside from those pleaded in the petition and set forth in said last - named instruction No. 2. The case is ...
Page 34
... PETITION . Where the petition charged that plaintiff , while at work in defendant's hog - killing room , at the north end of which was a sewer full of scalding water , slipped and fell into the sewer , which was negligently left ...
... PETITION . Where the petition charged that plaintiff , while at work in defendant's hog - killing room , at the north end of which was a sewer full of scalding water , slipped and fell into the sewer , which was negligently left ...
Page 72
... petition and answer was without jurisdiction because the petition did not state a cause of action ; for not only may the error , if any , in the determination of the trial court be taken advantage of by ap- peal , but question of the ...
... petition and answer was without jurisdiction because the petition did not state a cause of action ; for not only may the error , if any , in the determination of the trial court be taken advantage of by ap- peal , but question of the ...
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Common terms and phrases
action affirmed agent alleged APPEAL AND ERROR Appeal from Circuit appellant appellant's appellee attorney authority bank bill bills of lading bond cause cause of action Cent charge circuit court claim Comanche county contract contributory negligence corporation Court of Appeals Criminal Law damages deceased deed of trust defendant defendant's employés evidence facts fendant filed Frank Lane Helen Caldwell indictment injury instruction issue Judge judgment jury Key-No land lant liability lien Louis matter ment Missouri mule MUNICIPAL CORPORATIONS negligence Note Note.-For NUMBER in Dec opinion owner paid party payment person petition plaintiff pleadings purchaser question railroad Railway reason Rep'r Indexes rule section NUMBER Series & Rep'r servant statute street suit supersedeas bond testified testimony thereof tiff tion topic and section trial court verdict wife witness
Popular passages
Page 359 - But where the second action between the same parties is upon a different claim or demand, the Judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 368 - The government of the United States, then, though limited in its powers, is supreme ; and its laws, when made in pursuance of the Constitution, form the supreme law of the land, "anything in the Constitution or laws of any State, to the contrary notwithstanding.
Page 98 - 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 335 - By another section (196) it is provided that " the court may, before or after judgment, in furtherance of justice. and on such terms as may be proper, amend any pleading, process, 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 185 - The jurisdiction of the courts of the United States under this Act shall be concurrent with that of the courts of the several States, and no case arising under this Act and brought in any state court of competent jurisdiction shall be removed to any court of the United States.
Page 409 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Page 263 - ... any statute enacted for the safety of employees contributed to the injury or death of such employee. SEC. 4. That in any action brought against any common carrier under or by virtue of any of the provisions of this Act to recover damages for injuries to, or the death of, any of its employees, such employee shall not be held to have assumed the risks of his employment in any case where such injury or death resulted in whole or in part from the negligence of any of the officers, agents, or employees...
Page 37 - ... of two or more competent persons, to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, and to divide the profit and bear the loss in certain proportions.
Page 10 - Names, nor for omitting to state the Time at which the Offence was committed, in any Case where Time is not of the Essence of the Offence, nor for stating the Time imperfectly, nor for stating the Offence to have been committed on a Day subsequent to the finding of the Indictment or exhibiting the Information, or on an impossible Day, or on a Day that never happened...
Page 45 - Claims for loss, damage, or delay must be made in writing to the carrier at the point of delivery or nt the point of origin within four months after delivery of the property, or in case of failure to make delivery, then within four months after a reasonable time for delivery has elapsed. Unless claims are so made the carrier shall not be liable.