The Pacific Reporter, Volume 114West Publishing Company, 1911 - Law reports, digests, etc |
From inside the book
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Page 15
... negligence may be one of law or law and fact . If from the evidence different minds of prudent and reasonable men might come to different con- clusions as to whether there was negligence , then the question is one of fact to be sub ...
... negligence may be one of law or law and fact . If from the evidence different minds of prudent and reasonable men might come to different con- clusions as to whether there was negligence , then the question is one of fact to be sub ...
Page 74
... negligence per se , but was a circum- stance from which , when considered with other pertinent circumstances , negligence might be in- ferred . [ Ed . Note . For other cases , see Electricity , Dec. Dig . § 19. * ] 3. APPEAL AND ERROR ...
... negligence per se , but was a circum- stance from which , when considered with other pertinent circumstances , negligence might be in- ferred . [ Ed . Note . For other cases , see Electricity , Dec. Dig . § 19. * ] 3. APPEAL AND ERROR ...
Page 75
... negligence for a power company to place its posts within three feet of a telephone com- pany's line ? There is no law declaring it to be negligence , and the evidence in the case does not make it appear to be a negligent act . There is ...
... negligence for a power company to place its posts within three feet of a telephone com- pany's line ? There is no law declaring it to be negligence , and the evidence in the case does not make it appear to be a negligent act . There is ...
Page 76
... negligent act of the said defendant ; that the said fire was not due to any negligence or any wrongful acts of defendant in placing its power line in close proximity to the tele- phone line , or by any acts of the defendant . " There is ...
... negligent act of the said defendant ; that the said fire was not due to any negligence or any wrongful acts of defendant in placing its power line in close proximity to the tele- phone line , or by any acts of the defendant . " There is ...
Page 77
... negligence in the one or the other that is , it is a circumstance from which , when considered with other pertinent circumstances , negligence might be inferred . But this would not be a presumption of law , but only an inference of one ...
... negligence in the one or the other that is , it is a circumstance from which , when considered with other pertinent circumstances , negligence might be inferred . But this would not be a presumption of law , but only an inference of one ...
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Popular passages
Page 86 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 307 - AD eighteen , at the county of (here set forth the act or omission charged as an offense), contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of California.
Page 235 - The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths that the statements therein made are true...
Page 150 - Provided: That the right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right.
Page 195 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title in due course.
Page 195 - But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 262 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 97 - If against a minor, under the age of fourteen years, residing within this state: to such minor, personally, and also to his father, mother, or guardian; or if there be none within this state, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed.
Page 189 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2.
Page 12 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.