The South Western Reporter, Volume 299West Publishing Company, 1928 - 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 53
... question nor how long the platform had been standing there . Yet it was a constitutive part of plaintiff's case to show that the defendant knew or by the exercise of ordinary care could have known that the plat- form was in the place ...
... question nor how long the platform had been standing there . Yet it was a constitutive part of plaintiff's case to show that the defendant knew or by the exercise of ordinary care could have known that the plat- form was in the place ...
Page 54
... question of fact in dispute was whether the coal in question was usable in defendant's stokers , which were a standard make of the mechanically operated chain grate type . Upon this issue , plaintiffs ' evi- dence disclosed that the ...
... question of fact in dispute was whether the coal in question was usable in defendant's stokers , which were a standard make of the mechanically operated chain grate type . Upon this issue , plaintiffs ' evi- dence disclosed that the ...
Page 84
... question at the time the liquor was found thereon and that Shuck came from defendant's bedroom with the liquor . As to defendant's ownership of the premises at the time in question , the state's evidence tends to show that the ...
... question at the time the liquor was found thereon and that Shuck came from defendant's bedroom with the liquor . As to defendant's ownership of the premises at the time in question , the state's evidence tends to show that the ...
Page 94
... question at issue concerns the validity of this limitation of lia- bility for damage occasioned by strikes , which issue shall be submitted to the court without a jury . It is the contention of plaintiff that any purported limitation of ...
... question at issue concerns the validity of this limitation of lia- bility for damage occasioned by strikes , which issue shall be submitted to the court without a jury . It is the contention of plaintiff that any purported limitation of ...
Page 104
... question of the insurance before the jury , and if it is read , believing , as I firmly do , it is not compe- tent on any question the jury has to pass upon , I shall ask the court to discharge the panel on account of the poison ...
... question of the insurance before the jury , and if it is read , believing , as I firmly do , it is not compe- tent on any question the jury has to pass upon , I shall ask the court to discharge the panel on account of the poison ...
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action affirmed alleged amount answer Appeals of Texas appellant appellant's appellee attorney automobile bill of exception cause chancery court charge circuit court Civil Appeals claim complained contract convicted corporation Court of Civil Court of Criminal Criminal Appeals Criminal law damages deceased decree deed defendant defendant's demurrer dence Digests and Indexes district court evidence facts fendant Fields Corporation filed Fort Worth Hardin county held indictment injury instruction issue Judge judgment jurisdiction jury Key-Numbered Digests land lant's liability Liberty county lien ment mortgage motion negligence opinion overruled parties payment pellant person petition plaintiff plaintiff in error pleaded prosecution purchase question record refused Rehearing remanded rendered reversed reversible error Roy Mason statute suit Supreme Court sustained term testified testimony thereof tiff tion topic and KEY-NUMBER trial court Upton county verdict witness
Popular passages
Page 94 - 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 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 or by any common carrier, 280 Opinion of the Court.
Page 95 - ... any common carrier, railroad or transportation company, to which such 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...
Page 344 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.
Page 95 - States or within an adjacent foreign country when transported on a through bill of lading, notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement as to value in any such receipt or bill of lading, or in any contract, rule, regulation, or in any tariff filed with the Interstate Commerce Commission; and any such limitation, without respect to the manner or form in which it is sought to be made is hereby declared to be unlawful and void...
Page 4 - The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
Page 217 - Congress or works material prejudice to the characteristic features of the general maritime law or interferes with the proper harmony and uniformity of that law in its international and interstate relations.
Page 95 - Columbia to a point in another state or territory, or from a point in a state or territory to a point in the District of Columbia, or from any point in the United States to a point in an adjacent foreign country...
Page 109 - Where the means of knowledge are at hand, and equally available to both parties, and the subject of purchase is alike open to their inspection, if the purchaser does not avail himself of these means and opportunities he will not be heard to say that he has been deceived by the vendor's misrepresentations.
Page 93 - C., is adopted as the opinion of the court. The Judgment of the circuit court is accordingly reversed, and the cause remanded.
Page 95 - ... shall have no other effect than to limit liability and recovery to an amount not exceeding the value so declared or released...