The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 30Abraham Clark Freeman Bancroft-Whitney Company, 1893 - Law reports, digests, etc |
From inside the book
Results 1-5 of 81
Page 30
... action for an assault committed on the plaintiff by a brakeman of a railway train , the defendant pleads that the force used was necessary to remove the plaintiff from the train , the defendant must assume the burden of proving the ...
... action for an assault committed on the plaintiff by a brakeman of a railway train , the defendant pleads that the force used was necessary to remove the plaintiff from the train , the defendant must assume the burden of proving the ...
Page 34
... action of the court vitiated the exceptions reserved to its original action : Jordan v . State , 79 Ala . 9 ; Dis- mukes v . State , 83 Ala . 287 . 11. Like considerations lead to the conclusion that the ex- ceptions reserved to certain ...
... action of the court vitiated the exceptions reserved to its original action : Jordan v . State , 79 Ala . 9 ; Dis- mukes v . State , 83 Ala . 287 . 11. Like considerations lead to the conclusion that the ex- ceptions reserved to certain ...
Page 36
... action of the trial court in giving these charges : 2 Am . & Eng . Ency . of Law , 655 , 656 , and notes ; 3 Brickell's Digest , 433 . 16. Several other charges were given at the instance of plaintiff , and excepted to . These ...
... action of the trial court in giving these charges : 2 Am . & Eng . Ency . of Law , 655 , 656 , and notes ; 3 Brickell's Digest , 433 . 16. Several other charges were given at the instance of plaintiff , and excepted to . These ...
Page 41
... action against a railroad company for injuries caused in operating the road , the plaintiff need not aver the particular defect in the condition of the track or machinery in which the negligence consisted . JURY TRIAL . WHETHER A ...
... action against a railroad company for injuries caused in operating the road , the plaintiff need not aver the particular defect in the condition of the track or machinery in which the negligence consisted . JURY TRIAL . WHETHER A ...
Page 65
... ACTION TO RECOVER FOR PERSONAL INJURIES , in which the fact and extent of the injuries suffered by plaintiff are in issue , it is proper to admit evidence that plaintiff always had good health up to the time of the alleged injury , that ...
... ACTION TO RECOVER FOR PERSONAL INJURIES , in which the fact and extent of the injuries suffered by plaintiff are in issue , it is proper to admit evidence that plaintiff always had good health up to the time of the alleged injury , that ...
Contents
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Common terms and phrases
action affirmed agent Alabama alleged appellant appellee authority bank bill bill of lading bonds carrier certificate charge claim common carrier complained condition consignee constitution contract contributory negligence court court of equity creditors damages debtor declared deed defect defendant defendant's demurrage discharge dollars duty election entitled equity error evidence execution exemption exercise fact fire fraud grade held indorsed injury issue judgment jury land liable lien malicious MALICIOUS PROSECUTION ment mortgage municipal corporation negligence notice officer opinion owner paid parties payment performance person plaintiff plaintiff in error principle proof prosecution purchaser purpose question R. R. Co R'y Co railroad company railway reason recover refused rule signed statute street suit surety sustained testimony thereof tion track trial trust usurious valid void Western Union witness
Popular passages
Page 640 - It is a maxim not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the .case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 215 - 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 811 - ... in public works, which may be judged of most general utility to the inhabitants, such as fortifications, bridges, aqueducts, public buildings, baths, pavements, or whatever may make living in the town more convenient to its people, and render it more agreeable to strangers resorting thither for health or a temporary residence.
Page 83 - Probable cause" has been defined as a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 882 - It exists only in contemplation of law and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 486 - A husband cannot be examined for or against his wife without her consent ; nor a wife for or against her husband, without his consent ; nor can either, during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage...
Page 531 - Takings at Sea, Arrests, Restraints and Detainments of all Kings, Princes, and People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Page 509 - Arbor, and it is hereby certified and recited that all acts, conditions and things required by law to be done, precedent to and in the issuance of this bond and the series of bonds of which this is one, exist and have been done and performed in regular and due form and time as required by law...
Page 834 - Municipal and other corporations and Individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Page 810 - ... records respecting the business and concerns of this institution : and as these loans are intended to assist young married artificers in setting up their business, they are to be proportioned by the discretion of the managers, so as not to exceed sixty pounds sterling to one person, nor to be less than fifteen pounds. And if the number of ap'pliers so entitled should be so large as that the sum will not suffice to afford to each as...