The South Western Reporter, Volume 71
West Publishing Company, 1903 - 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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action affirmed agreed alleged amount appeal appellee application assignment authority Bank bill bond cattle cause charge circuit claim condition considered construction contract court damages death deed defendant defendant's district duty effect engineer entitled error evidence execution facts failed favor filed follows further give given grant ground held husband injury instruction interest issue John Judge judgment jury land Louis matter ment mortgage motion negligence objection opinion paid parties payment person petition plain plaintiff possession present purchase question railroad Railway reason received record recover relators reversed rule sewer statement statute street sufficient suit sustained testified testimony Texas tion track train trial verdict wife witness
Page 51 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Page 214 - ... when such wrongs are in any manner connected with the use and operation of any railway on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding.
Page 152 - It must not be; there is no power in Venice Can alter a decree established: 'Twill be recorded for a precedent, And many an error by the same example Will rush into the state; it cannot be.
Page 39 - The case was tried before the court, without a jury, and judgment was rendered in favor of the plaintiff.
Page 28 - ... from the rear of his train, and he must remain there until recalled by the whistle of his engine; but if a passenger train is due within ten minutes, he must remain until it arrives. When he comes in, he will remove the torpedo nearest to the train, but the two torpedoes must be left on the rail as a caution signal to any following train.
Page 51 - Tennessee, that a sale of any portion of a stock of merchandise otherwise than in the ordinary course of trade in the regular and usual prosecution of the seller's business, or a sale of an entire stock of merchandise in bulk, shall be presumed to be fraudulent and void as against the creditors of the seller...
Page 214 - every railroad company organized or doing business in this State shall be liable for all damages done to any employe of such company in consequence of any negligence of its agents, or by any mismanagement of its engineers or other employes, to any person sustaining such damage...
Page 212 - ... freight or other trains, engines or cars, and while engaged in the performance of his duty as such...
Page 213 - ... when sustained within this state, and no contract, rule or regulation between such corporation and any agent or servant shall impair or diminish such liability; provided, that nothing in this act shall be so construed as to render any railroad company liable for damages sustained by any employe, agent or servant while engaged in the construction of a new road, or any part thereof, not open to public travel or use.