The South Western Reporter, Volume 290West Publishing Company, 1927 - 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 5
... causes of action and liability were wholly distinct as be- tween strikers and railroad . guilty , and the cause was tried before a jury in the circuit court . This The defendants were striking employees of the Southern Railway , and ...
... causes of action and liability were wholly distinct as be- tween strikers and railroad . guilty , and the cause was tried before a jury in the circuit court . This The defendants were striking employees of the Southern Railway , and ...
Page 18
... caused by accident arising out of and in course of his employment within Workmen's Compen- sation Act ( Acts 1919 , c . 123 ) could not be sup- ported by suggestions as to cause of death which were mere conjectures . Error to Circuit ...
... caused by accident arising out of and in course of his employment within Workmen's Compen- sation Act ( Acts 1919 , c . 123 ) could not be sup- ported by suggestions as to cause of death which were mere conjectures . Error to Circuit ...
Page 19
... cause of death is obscure or is disputed . [ 4 , 5 ] The testimony of the physicians who conducted the post mortem examination is that the cause of Martin's death was rupture of a branch of one of the coronary or anterior arteries of ...
... cause of death is obscure or is disputed . [ 4 , 5 ] The testimony of the physicians who conducted the post mortem examination is that the cause of Martin's death was rupture of a branch of one of the coronary or anterior arteries of ...
Page 22
... Cause of action that may arise anywhere is " transitory , " but one that could arise only in one place is " local " ; " local ac- tion . " Where cause of action is one that might have arisen anywhere , it is " transitory , " but if it ...
... Cause of action that may arise anywhere is " transitory , " but one that could arise only in one place is " local " ; " local ac- tion . " Where cause of action is one that might have arisen anywhere , it is " transitory , " but if it ...
Page 121
... cause was tried de novo , resulting in a verdict and judgment for defendant . A motion for a new trial was overruled , and plaintiff has ap- pealed to this court . On April 23 , 1925 , Estelle Markowitz , as widow and one of the heirs ...
... cause was tried de novo , resulting in a verdict and judgment for defendant . A motion for a new trial was overruled , and plaintiff has ap- pealed to this court . On April 23 , 1925 , Estelle Markowitz , as widow and one of the heirs ...
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Popular passages
Page 401 - ... as the law shall direct ; and any person who shall directly or indirectly give, promise, or bestow, any such rewards to be elected, shall thereby be rendered incapable to serve for the ensuing year...
Page 295 - 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 the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 295 - J., observed that in order for it to apply "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 71 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 297 - ... but the repeal of existing laws or modifications thereof embraced in this act shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause...
Page 274 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 248 - ... made or Intended to take effect in possession or enjoyment after the death of the grantor...
Page 281 - Ed.) p. 246, as follows: •'Where, therefore, a part of a statute Is unconstitutional, that fact does not authorize the courts to declare the remainder void also, unless all the provisions are connected In subject-matter, depending on each other, operating together for the same purpose, or otherwise so connected together In meaning that It cannot be presumed the Legislature would have passed the one without the other.
Page 287 - If this company shall claim that the fire was caused by the act or neglect of any person or corporation, private or municipal, this company shall, on payment of the loss, be subrogated to the extent of such payment to all right of recovery by the insured for the loss resulting therefrom, and such right shall be assigned to this company by the insured on receiving such payment.
Page 345 - He (plaintiff) must show that the relation of master and servant existed between the defendant and the person...