The Southeastern Reporter, Volume 63West Publishing Company, 1909 - Law reports, digests, etc |
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Common terms and phrases
action adverse possession affidavit Affirmed agent alleged amendment Anthony grant Appeal and Error bill bonds brings error cap sill carrier cause cause of action Cent certiorari charge circuit court claim Code Constitution contract corporation Coun CRIMINAL LAW damages deceased declaration deed defendant in error defendant's demurrer dence duty dying declaration election eminent domain evidence fact fendant filed fraud Georgia grant ground held homicide indictment injury intended issue Johnson line judge judgment jury justice land Legislature liable lien liquor Lumber mandamus matter ment motion negligence nonsuit North Carolina Note Note.-For overruled owner paid parties person petition petitioner plaintiff in error pleadings purchase purlin purpose question railroad reason recover refused rule sell servant statute suit Superior Court Supreme Court Syllabus testified testimony thereof tiff timber tion tract trial verdict West Virginia witness writ
Popular passages
Page 416 - ... no contract, receipt, rule or regulation shall exempt such common carrier, railroad or transportation company from the liability hereby imposed : Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Page 283 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 122 - Whether we are considering an agreement between parties, a statute, or a constitution, with a view to its interpretation, the thing we are to seek is the thought which it expresses.
Page 9 - ... by false billing, false classification, false weighing, false representation of the contents of the package, or false report of weight, or by any other device or means, whether with or without the consent or connivance of the carrier, its agent or agents, obtain transportation for such property at less than the regular rates...
Page 370 - Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences not of danger but of negligence and the unbending test of negligence in methods, machinery, and appliances is the ordinary usage of the business. No man is held by law to a higher degree of skill than the fair average of his profession or trade, and the standard of due care is the conduct of the average prudent man.
Page 324 - ... nothing in this Act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies...
Page 212 - On the dissolution of a partnership every partner is entitled, as against the other partners in the firm, and all persons claiming through them in respect of their interests as partners, to have the property of the partnership applied in payment of the debts and liabilities of the firm, and to have the surplus assets after such payment applied in payment of what may be due to the partners respectively after deducting what may be due from them as partners to the firm ; and for that purpose any partner...
Page 20 - When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 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...
Page 441 - It is apparent that the mere fact of classification is not sufficient to relieve a statute from the reach of the equality clause of the Fourteenth Amendment, and that in all cases it must appear not only that a classification has been made, but also that it is one based upon some reasonable ground — some difference which bears a just and proper relation to the attempted classification — and is not a mere arbitrary selection.
Page 9 - ... to obtain transportation for such property at less than the regular rates then established...