The South Western Reporter, Volume 84West Publishing Company, 1905 - Law reports, digests, etc Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas. |
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affirmed agreed alleged amount appellant appellant's appellee assignment of error attorney Bexar county cattle cause of action cent charge circuit court city of St Civil Appeals claim conductor contract contributory negligence county court Court of Civil damages deceased deed of trust defendant defendant's demurrer dence duty employés engine entitled evidence facts favor fendant filed guilty Heidenheimer held Hempstead County injury instruction issue Judge judgment jury Laclede land liable lien Louis Transit ment Missouri opinion paid pany parties passenger payment person petition plain plaintiff plaintiff in error pleadings poll tax premium purchase question railroad Railway Company Ralls county reason recover refused rendered reversed rule statute street suit sustained taxes testified testimony thereof tiff tion track tract train trial court verdict witness
Popular passages
Page 259 - ... no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto...
Page 28 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 213 - What may be deemed ordinary care in one case may, under different surroundings and circumstances, be gross negligence. The policy of the law has relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note' the special circumstances and surroundings of each particular case, and then say whether the conduct of the parties in that case was such as would be expected of reasonable, prudent men, under a similar state of affairs.
Page 259 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the insured unless so written or attached.
Page 259 - In consideration of the stipulations herein named and of dollars premium does insure for the term of from the day of 19 , at noon, to the day of *..... 19. . . ., at noon, against all direct loss or damage by fire, except as hereinafter provided...
Page 106 - BRIBERY is the next species of offences against public justice ; which is when a judge, or other person concerned in the administration of justice, takes any undue reward to influence his behaviour in his office...
Page 213 - ordinary care,' 'reasonable prudence,' and such like terms, as applied to the conduct and affairs of men, have a relative significance, and cannot be arbitrarily defined. What may be deemed ordinary care in one case, may, under different surroundings and circumstances, be gross negligence. The policy of the law has relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note the special circumstances...
Page 419 - ... which render it unconscientious for the holder of the legal title to retain and enjoy the beneficial interest, equity impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same, although he may never perhaps have had any legal estate therein...
Page 286 - Murphy was under the influence of liquor at the time of the accident; and at the close of the plaintiff's case they made this motion, and it was denied by the court.
Page 184 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order In his client's favor and the proceeds thereof in whosoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after Judgment or final order.