Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 97 |
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Common terms and phrases
Adm'r admissible adverse possession affirmative charge Alabama alleged appellant appellee Arthur Owen authority avers Bank bill bill of lading Birmingham R. R. bleeder brake cause of action charge requested Circuit Court cited City Court claim Code complaint contest contract contributory negligence corporation count damages debt Decatur deceased declared deed defect defendant defendant's demurrer detinue dollars duty employe engine error fact fendant filed furnace garnishee ground guilty indictment injury intent intestate issue judgment jury believe land liable Louisville & Nashville ment Monte Sano mortgage Nashville R. R. objection overruled Owen Wilson paid parties payment person plaintiff plea pleaded possession proof properly refused question quo warranto Railroad Co railroad company Railway reason recover Reversed and remanded Richmond & Danville Roden rule statute sufficient suit sustained switch tending to show testified testimony tion track train trial verdict witness
Popular passages
Page 196 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 217 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Page 9 - And therefore, though a man be violently assaulted, and hath no other possible means of escaping death but by killing an innocent person, this fear and force shall not acquit him of murder; for he ought rather to die himself than escape by the murder of an innocent.
Page 197 - The proximate cause of an event must be understood to be that which in a natural and continuous sequence, unbroken by any new, independent cause, produces that event, and without which that event would not have occurred.
Page 309 - ... based upon the refusal of the court to instruct the jury, as requested by the defendant, "that if the work done by the mechanics, as disclosed by the evidence, increased the hazard while such work was being done, then the plaintiff is not entitled to recovery...
Page 433 - But, where the contract is either expressly or tacitly to be performed in any other place, there the general rule is, in conformity to the presumed intention of the parties, that the contract, as to its validity, nature, obligation, and interpretation, is to be governed by the law of the place of performance.
Page 582 - Furthermore, in view of other instructions, which specifically directed the jury that the burden of proof was upon the plaintiff to establish a want of ordinary care, there is no room for the belief that the jury could have been misled.
Page 175 - ... to the refusal of the court to charge as requested by the plaintiff in error on the same point.
Page 197 - For if I am guilty of negligence in leaving any thing dangerous in a place where I know it to be extremely probable that some other person will unjustifiably set it in motion to the injury of a third, and if that injury should be so brought about, I presume that the sufferer might have redress by action against both or either of the two, but unquestionably against the first.
Page 204 - It has the right to control and direct the services of the student, not only as to the result to be accomplished, but also as to the means by which the result is to be accomplished.