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action AFFIRMED agent agreed agreement alleged amount answer appeal applied authority Bank called carrier cause charge Circuit claim condition contract corporation counsel court damages defendant defendant's delivery dollars duty effect error evidence execution express fact failed feet filed further give given grant ground held hold hundred injury instruction Insurance intention issued Judge judgment jury Kansas City land lease liable lien loss Louis matter means ment Missouri motion negligence notice objection offered operation opinion owner paid parties person petition plain plaintiff pleading present proceedings proper purchase question Railroad Railway reason received record recover refused relating respondent result rule statement statute stop street sufficient suit sustained term tion track train trial verdict witness
Page 24 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 25 - ... third, those essential to the accomplishment of the declared objects and purposes of the corporation, — not simply convenient, but indispensable. Any fair, reasonable, substantial doubt concerning the existence of power is resolved by the courts against the corporation, and the power is denied.
Page 692 - 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 224 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part, and of , the party of the second part, WITNESSETH, that the party of the first part...
Page 137 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 385 - ... which it is to be performed, and to keep them in repair and order. This duty he cannot delegate to a servant so as to exempt himself from liability for injuries caused to another servant by its omission. Indeed...
Page 108 - ... against loss from common law or statutory liability for damages on account of bodily injuries, fatal or nonfatal, accidentally suffered, within the period of this policy by any employee or employees, of the assured while on duty within the factory, shop or yards mentioned in. the schedule hereinafter given, or upon the ways immediately adjacent thereto provided for the use of such employees or the public, In and during the operation of the trade or business described in the said schedule.