The Texas Civil Appeals Reports: Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas, Volume 37State of Texas, 1908 - Law reports, digests, etc Cases argued and determined in the Courts of Civil Appeals of the State of Texas. |
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Common terms and phrases
affirmed agent alleged amount appellant appellant's appellee appellee's application assignment of error authority Bank bond Borrego carrier cattle certificates claim complained contract contributory negligence County Court court erred damages Decided November deed of trust defendant defendant's District Court duty employes engine entitled executed facts favor filed Fort Worth Galveston Gulf Hamilton County Heidenheimer held Houston Houston & Texas injury instructed Insurance International & G. N. issue judgment jury JUSTICE.-This land liable lien Louis Southwestern Railway Menard County ment opinion overruled paid party passenger payment person plaintiff in error pleaded purchase question Railroad Company Railway Company reason recover recovery remanded rendered residence reversed risk rule S. W. Rep San Antonio Santa Fe servant special charge statute submitted sued suit surveys sustained testified testimony Texas Central Texas Civ Texas Ct thereof tion track train trial court verdict witness
Popular passages
Page 351 - ... 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 624 - Every such corporation shall start and run their cars for the transportation of passengers and property, at regular times, to be fixed by public notice; and shall furnish sufficient accommodations for the transportation of all such passengers and property, as shall, within a reasonable time previous thereto, be offered for transportation at the place of starting...
Page 351 - If, with the consent of this company, an interest under this policy shall exist in favor of a mortgagee or of any person or corporation having an interest in the subject of insurance other than the interest of the insured as described herein, the conditions hereinbefore coniained shall apply in the manner expressed in such provisions and conditions of insurance relating to such interest as shall be written upon, attached or appended hereto.
Page 351 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be indorsed hereon or added hereto, and 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...
Page 352 - ... are to be understood in their plain, ordinary, and popular sense, unless they have generally, in respect to the subject-matter, as by the known usage of trade or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Page 393 - ... under the influence of liquor at the time of the accident and that is not Insisted on here.
Page 178 - We the jury find for the plaintiff, and assess his damages at dollars,' filling the blank with whatever amount you may find his damages to be, if any, under the foregoing instructions. "If you find for the defendant, your verdict should be as follows: 'We the jury find for the defendant.
Page 421 - After the service of citation upon the appellant company the court sustained the special demurrer to appellee's petition and cause of action on the ground that it was barred by the statute of limitations of two years, but that judgment was subsequently reversed by this court and the cause remanded for another trial.
Page 80 - 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 128 - Instruments were claimed by plaintiff's to be mortgages, and one is alleged to have been void because made at a time when the property was homestead. A trial was had to the court without a Jury, and Judgment rendered in favor of defendant, from which plaintiffs have prosecuted this writ of error. There is no statement of facts and such of the errors assigned as we can consider in the absence of such statement are predicated upon apparent inconsistencies in the facts as found by the trial Judge; plaintiffs...