The South Western Reporter, Volume 222West Publishing Company, 1920 - 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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Page 3
... written notice as prescribed by statute and is “ Plaintiff further avers that , while no writ- estopped to rely upon the failure to give such ten notice was served upon the mayor of said written notice as a defense in this case .
... written notice as prescribed by statute and is “ Plaintiff further avers that , while no writ- estopped to rely upon the failure to give such ten notice was served upon the mayor of said written notice as a defense in this case .
Page 11
ther the whistle was sounded nor the bell rung for the crossing ; and while the omission of the The testimony developed the following engineer to give these statutory signals did not facts : The main line of the railroad runs relieve ...
ther the whistle was sounded nor the bell rung for the crossing ; and while the omission of the The testimony developed the following engineer to give these statutory signals did not facts : The main line of the railroad runs relieve ...
Page 37
... Springs with the understand - by Lavender in the manner set forth in the ing that when a load of lumber came to town timber deed , the appellee could not recover as Lavender was to buy it and give a check . against the company .
... Springs with the understand - by Lavender in the manner set forth in the ing that when a load of lumber came to town timber deed , the appellee could not recover as Lavender was to buy it and give a check . against the company .
Page 41
A. Scales , instituted suit against appel- mitted reversible error in refusing to give lant , an incorporated bank , in the St. Francis them . One reason for the rule allowing a circuit court , to recover damages on account merchant or ...
A. Scales , instituted suit against appel- mitted reversible error in refusing to give lant , an incorporated bank , in the St. Francis them . One reason for the rule allowing a circuit court , to recover damages on account merchant or ...
Page 52
The testi Each side asked for a peremptory instruc mony tended to show that he was entirely tion , and in addition to that appellant asked unable to give attention to business , and that the court to give the following instruction : he ...
The testi Each side asked for a peremptory instruc mony tended to show that he was entirely tion , and in addition to that appellant asked unable to give attention to business , and that the court to give the following instruction : he ...
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acres action adverse possession affirmed agreed agreement alleged amount answer appellant appellee application asked assignment authority bank bill cause charge circuit court Civil Appeals claim condition contract Court of Civil damages death deceased deed defendant directed district duty effect error evidence executed facts favor fence filed fire follows further give given ground held hold injury instruction interest issue Judge judgment jury land lien lived matter ment necessary negligence objection opinion owner paid parties payment person petition plaintiff pleaded possession present purchase question railroad reason received record reference rendered reversed rule Scott secure statement statute sufficient suit testified testimony Texas tion track tract trial court trust verdict wife witness
Popular passages
Page 217 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 7 - The true rule is, that what is the proximate cause of an injury is ordinarily a question for the jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.
Page 417 - Columbia and any of the states or territories and any foreign nation or nations shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or in case of the death of such employee to his or her personal representative...
Page 187 - That every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...
Page 277 - ... 1. If the injured employee shall have worked in the employment in which he was working at the time of the accident, whether for the same employer or not, during substantially the whole of the year immediately preceding his injury...
Page 187 - ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Page 7 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Page 228 - ... the court on motion of either party, or upon its own motion, may enter the final judgment...
Page 160 - Any interested party who is not willing and does not consent to abide by the final ruling and decision...
Page 59 - Until the general assembly shall deem it expedient to establish courts of chancery the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the supreme court, in such manner as may be prescribed by law.