Reports of Cases Argued and Determined in the Supreme Court of the Territory of Arizona, Volume 9Bancroft-Whitney Company, 1908 - Law reports, digests, etc |
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Results 1-5 of 18
Page 52
... negligence ; but , where the act committed by the accused is of itself an unlawful act , the law , in the first instance , presumes the criminal intent , and the onus or burden of proof falls upon the defendant to show the absence of ...
... negligence ; but , where the act committed by the accused is of itself an unlawful act , the law , in the first instance , presumes the criminal intent , and the onus or burden of proof falls upon the defendant to show the absence of ...
Page 218
... NEGLIGENCE - CAUSE - CONCURRING MATE - SOLE . - If a railroad company was negligent in constructing a spur , and if this negligence contributed to the accident in the sense that otherwise it would not have occurred , then such negli ...
... NEGLIGENCE - CAUSE - CONCURRING MATE - SOLE . - If a railroad company was negligent in constructing a spur , and if this negligence contributed to the accident in the sense that otherwise it would not have occurred , then such negli ...
Page 219
... negligence of the company or by the negligence of a fellow - servant alone , and the supreme court on a former appeal having said that if the act of the servant was the " proximate " cause of the injury it was immaterial whether such ...
... negligence of the company or by the negligence of a fellow - servant alone , and the supreme court on a former appeal having said that if the act of the servant was the " proximate " cause of the injury it was immaterial whether such ...
Page 220
... negligence on the part of the de- fendant railroad company . The evidence adduced upon the second trial was substantially the same as upon the first trial . We held upon the first appeal that this evidence was sufficient to warrant the ...
... negligence on the part of the de- fendant railroad company . The evidence adduced upon the second trial was substantially the same as upon the first trial . We held upon the first appeal that this evidence was sufficient to warrant the ...
Page 221
... negligence of the dead man himself , or his negligence contributed thereto , then you cannot , gen- tlemen , find a verdict against this defendant company . If the accident was brought about solely by the negligence of the conductor of ...
... negligence of the dead man himself , or his negligence contributed thereto , then you cannot , gen- tlemen , find a verdict against this defendant company . If the accident was brought about solely by the negligence of the conductor of ...
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Common terms and phrases
adverse affirmed agent alleged appellee ARIZ assessment assessment-roll assignment of error attorney authority Benbrook board of equalization board of supervisors challenge charge Cochise County complaint concur County Criminal DAVIS deceased Defendant and Appellant defendant's demurrer dismissed district court DOAN dollars Edward Kent evidence facts Filed March 30 Graham County grand jury grant ground hundred indictment Judge judgment Judicial District jurisdiction jurors justice KENT land legislature lien location notice ment mining claim monument motion negligence offense officers opinion paragraph party peremptory challenges person petition Pima County plaintiff in error possession prior location prosecution provides question quiet title railroad reason record remittitur Revised Statutes rule sheriff SLOAN STATS sufficient suit supra supreme court sustain taxation taxes term territory of Arizona testimony thereof tion trial court valuation verdict void witness writ Yavapai County York Foundling Hospital
Popular passages
Page 53 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 261 - CD, of the city aforesaid, merchant, my true and lawful attorney, for me, and in my name, and for my use to ask, demand...
Page 202 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Page 150 - No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the Legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens.
Page 146 - That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act ; but no law shall be passed interfering with the primary disposal of the soil ; no tax shall be imposed upon the property of the United States...
Page 484 - ... no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.
Page 282 - No holder of any claim against an estate shall maintain any action thereon, unless the claim is first presented to the executor or administrator...
Page 139 - The General Assembly shall not pass local or special laws in any of the following enumerated cases...
Page 85 - The conclusion to be deduced from the authorities is, that where power is given to public officers, in the language of the act before us, or in equivalent language — whenever the public interest or individual rights call for its exercise — the language used, though permissive in form, is in fact peremptory.
Page 165 - For the existence of a state of mind on the part of the juror, in reference to the .case, or to either party, which satisfies the court, in the exercise of a sound discretion, that such juror cannot try the issue impartially and without prejudice to the substantial rights of the party challenging, and which is known in this Code as actual bias.