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accept action affirmed agent agreed agreement alleged allowed amount answer appellant apply assignment authority Bank building cause cause of action charge checks circuit court claim Company condition construction contract counsel Court of Appeals damages death deed defendant defendant's direct duty effect entitled error evidence exceptions execution fact failed filed furnish further give given ground held injury instruction interest issue Judge judgment jury Kansas City land liability lien Louis matter means ment Missouri motion necessary negligence notice objection offer owner paid parties payment person petition plain plaintiff pleaded proper purchase question Railroad reason received record recover referred refused rendered respondent result reversed rule statement statute sufficient suit sustained tending testimony thereof tion trial true verdict
Page 38 - ... 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 33 - ... property may be delivered or over whose line or lines such property may pass, and no contract, receipt, rule, or regulation shall exempt such common carrier, railroad, or transportation company from the liability hereby imposed: Provided, That nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Page 32 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or a bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...
Page 724 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
Page 38 - 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 325 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.