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action affirmed agent agreed alleged allowed amount appeal assignment attorney authority Bank beneficiary bill cause charge City claim condition consideration contract counsel Court of Appeals crossing damages death defendant defendant's direct duty effect equity error evidence exceptions execution facts failed filed further give given held injury instruction interest issued Judge judgment jury Kansas City land liability Louis matter ment motion negligence notice objection operated paid parties partnership payment person petition plain plaintiff pleaded present proper purchase question Railroad Railway reason received record recover referred refused relation respondent result rule statement statute stop street sufficient suit sustained term testimony thereof tion track train trial court trust unless verdict witness
Page 768 - 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 defendant, that the accident arose from want of care.
Page 135 - From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order In his client's favor and the proceeds thereof in whosoever hands they may come; and the lien cannot be affected by any settlement between the parties before or after Judgment or final order.
Page 434 - Certainly, in the granting of injunctions, which is not a matter of right, but rests in the sound discretion of the court...
Page 49 - Indian lands," passed May 12, 1836; 4. To lay out its road not exceeding six rods in width, and to construct the same; and for the purpose of cuttings and embankments, to take as much more land as may be necessary for the proper construction and security of the road; and to cut down any standing trees that may be in danger of falling on the road, making compensation therefor as provided in this act for lands taken for the use of the company ; 5.
Page 793 - Its regular order on the docket, unless circumstances exist such as entitle it to precedence; and any motion to advance a cause on the docket shall be accompanied by affidavits, showing particularly the facts on which such motion is based. When a cause is advanced, the record, as well as the briefs, shall be printed, unless the Court shall otherwise order.
Page 654 - ... that a man has the right to pass through this world, if he wills, without having his picture published, his business enterprises discussed, his successful experiments written up for the benefit of others, or his eccentricities commented upon either in handbills, circulars, catalogues, periodicals or newspapers, and, necessarily, that the things which may not be written and published of him must not be spoken of him by his neighbors, whether the comment be favorable or otherwise.