The Southwestern Reporter, Volume 84West Publishing Company, 1905 - Law reports, digests, etc |
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Results 1-5 of 100
Page 6
... train or check the speed . 3. In an action against a railroad for the death of a section hand , who was struck by a train , evidence examined , and held insufficient to show that the train was running at a speed of 18 or 20 miles an ...
... train or check the speed . 3. In an action against a railroad for the death of a section hand , who was struck by a train , evidence examined , and held insufficient to show that the train was running at a speed of 18 or 20 miles an ...
Page 7
... train was right there , and he fell right over in front of the train , and was struck and carried across on the other side of the crossing . Q. Did he throw up his hands when he went to fall ? A. Not that I noticed . He pitched forward ...
... train was right there , and he fell right over in front of the train , and was struck and carried across on the other side of the crossing . Q. Did he throw up his hands when he went to fall ? A. Not that I noticed . He pitched forward ...
Page 8
... train by the remark of some one that the train was com- ing . McConnell , a witness for the plaintiff , testified that he had worked on railroads off and on for 12 or 15 years , and that in his opinion the train was running from 18 to ...
... train by the remark of some one that the train was com- ing . McConnell , a witness for the plaintiff , testified that he had worked on railroads off and on for 12 or 15 years , and that in his opinion the train was running from 18 to ...
Page 9
... train became aware of his peril , or might by the exercise of ordinary care have become aware of it , in time to have enabled them by the exercise of ordi- nary care to have averted the injury , and they failed to exercise such care ...
... train became aware of his peril , or might by the exercise of ordinary care have become aware of it , in time to have enabled them by the exercise of ordi- nary care to have averted the injury , and they failed to exercise such care ...
Page 27
... trains of two cars each , and the injury of which plaintiff complains was done while plaintiff was occupying the rear car of a train of two cars , as hereinbefore shown ; that on October 8 , 1900 , he entered the rear car of said train ...
... trains of two cars each , and the injury of which plaintiff complains was done while plaintiff was occupying the rear car of a train of two cars , as hereinbefore shown ; that on October 8 , 1900 , he entered the rear car of said train ...
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Common terms and phrases
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 entitled evidence facts favor fendant filed Fristoe 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 29 - J., observed that in order for it to apply "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 defendants, that the accident arose from want of care.
Page 261 - ... 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 14 - ... when that which the legislature has done comes within the rule that, if a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is...
Page 215 - 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 282 - The case was tried before the court without a jury, and resulted in a judgment in favor of the plaintiff...
Page 215 - When a given state of facts Is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter Is for the Jury.
Page 262 - ... 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 108 - 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 421 - ... 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 261 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed 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...