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action Affirmed agent Alabama alleged allowed amended appeal appellee arrest assigned authority averment Bank believe bill Birmingham breach carrier cause charge City claim Code complaint condition constitute contract counsel count court crossing damages danger death deceased Decided defect defendant defendant's deliver demurrer DOWDELL duty effect engine error evidence fact failed failure fendant filed fire follows give given ground Heard held injury interest intestate issue judgment jury killing knowledge land liability libel matter means motion necessary negligence objection operation opinion overruled party passenger person plaintiff plea pleadings present proof proper prove proximately question railroad Railway reasonable received record recover refused remanded rendered requested result Reversed rule servant shown South statute street sufficient suit supra sustained tending testified testimony tion track train trial unless witness
Page 395 - The test to determine whether one who renders service to another does so as a contractor or not is to ascertain whether he renders the service in the course of an independent occupation, representing the will of his employer only as to the result of his work, and not as to the means by which it is accomplished.
Page 188 - In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence ; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
Page 100 - It is a truism of the law that an act which does not amount to a legal injury cannot be actionable because it is done with a bad intent; that what one has a right to do another cannot complain of.
Page 162 - ... had suffered a serious injury, by his foot being caught between the fixed rail of the road-bed and the turning rail of the table, they were justified in believing that there was a probability of the occurrence of such accidents. So, in looking at the remoteness of the machine from inhabited...
Page 269 - When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony...
Page 516 - But where the relation is such that a confidence is reposed by the principal in his agent, and the matters for which an accounting is sought are peculiarly within the knowledge of the latter, equity will assume jurisdiction.
Page 239 - St. 83, a case where one of the conditions of a telegraph company, printed in their blank forms, was that the company would not be liable for damages in any case where the claim was not presented in writing within sixty days after sending the message...
Page 339 - This was, at least, a question of fact for the jury, and not one of law for the court.
Page 515 - ... beyond his remuneration ; he is dealing throughout for another ; and though he is not a trustee, according to the strict technical meaning of the word, he is quasi a trustee for that particular transaction for which he is engaged ; and therefore in these cases the courts of equity have assumed jurisdiction.