Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 146 |
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Common terms and phrases
affirmative charge Alabama alight alleged ANDERSON Anniston APPEAL appellee authority aver bill of exceptions bill of lading Birmingham carrier cause of action charges the jury Circuit Court City Court city of Mobile claim complaint concur contract contributory negligence cotton count court charges court erred damages deceased Decided April defendant defendant's demurrer DENSON detinue DOWDELL duty Ency error facts fendant garnishee grand jury HARALSON Heard Heard before Hon indictment injury issue John Morris judgment jurors killing land liability license mandamus ment Mobile County Mobile river Montgomery Morris mortgage motion negligence offense Opelika overruled party person piling plaintiff plea probate properly refused prosecution purchaser question railroad reason recover requested Reversed and remanded riparian rights rule SIMPSON Smith South Southern Express Co statute street sufficient suit supra sustained tending to show testified testimony tion trial TYSON verdict WEAKLEY witness
Popular passages
Page 566 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others : First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted ; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 168 - These contracts are not articles of commerce in any proper meaning of the word. They are not subjects of trade and barter offered in the market as something having an existence and value independent of the parties to them. They are not commodities to be shipped or forwarded from one State to another, and then put up for sale.
Page 120 - Owner shall be at liberty, after three days written notice to the Contractor , to provide any such labor or materials, and to deduct the cost thereof from any money then due or thereafter to become due to the Contractor under...
Page 202 - ... access to the navigable part of the river from the front of his lot; the right to make a landing, wharf, or pier for his own use, or for the use of the public, subject to such general rules and regulations as the legislature may see proper to impose for the protection of the rights of the public, whatever those may be.
Page 297 - 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.
Page 120 - Should the Contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials Of the proper quality, or fail in any respect to prosecute the work with promptness and diligence, or fail in tho performance of any of the agreements herein contained, such refusal, neglect or failure being certified by the architects, the Owner shall be at liberty, after three days...
Page 120 - Is sufficient ground for such action, the owner shall also be at liberty to terminate the employment of the contractor for the said work, and to enter upon the premises, and take possession, for the purpose of completing the work included under this contract, of all materials, tools, and appliances thereon, and to employ any other person or persons to finish the work, and to provide the materials therefor...
Page 256 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 203 - But the rights of a riparian proprietor, so far as they relate to any natural stream, exist jure natural, because his land has, by nature, the advantage of being washed by the stream...
Page 660 - The court charges the jury that if they find from the evidence that...