The Southern Reporter, Volume 28West Publishing Company, 1901 |
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Page 26
... TRACK SAFETY SWITCH NEGLIGENCE -FINDING - EVIDENCE - SUFFICIENCY . -- In an action by a widow against a rail- road company for causing the death of her husband , an employé , prior to 1896 , it appeared that a freight car standing on a ...
... TRACK SAFETY SWITCH NEGLIGENCE -FINDING - EVIDENCE - SUFFICIENCY . -- In an action by a widow against a rail- road company for causing the death of her husband , an employé , prior to 1896 , it appeared that a freight car standing on a ...
Page 27
... track at its station ( Lamar ) that , starting from its switch junction with the main track , ran south to the north end of the depot house about 450 feet , and thence on south past the house ; that from the house north towards the main ...
... track at its station ( Lamar ) that , starting from its switch junction with the main track , ran south to the north end of the depot house about 450 feet , and thence on south past the house ; that from the house north towards the main ...
Page 29
... track where it was rough , which caused him to fall , and thereby sustain the injuries com- plained of ; and that the conductor , who was on said car , did not kick him or shove him off of the car . The court , at the request of the ...
... track where it was rough , which caused him to fall , and thereby sustain the injuries com- plained of ; and that the conductor , who was on said car , did not kick him or shove him off of the car . The court , at the request of the ...
Page 37
... affirmative charge requested by the de- intestate , the latter acquired the lands in dis- Appeal from city court of Birmingham ; Wil- track , Ala . ) 37 PEARCE v . SMITH . fendant, and special replication filed by the ...
... affirmative charge requested by the de- intestate , the latter acquired the lands in dis- Appeal from city court of Birmingham ; Wil- track , Ala . ) 37 PEARCE v . SMITH . fendant, and special replication filed by the ...
Page 40
... track in proper condition , and in that the track was so constructed that when the train ran on it the rails spread , evidence that , at the embankment where the wreck oc- curred , water was allowed to stand in the ditch beside the road ...
... track in proper condition , and in that the track was so constructed that when the train ran on it the rails spread , evidence that , at the embankment where the wreck oc- curred , water was allowed to stand in the ditch beside the road ...
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Common terms and phrases
action adjudged affirmed agreement Alabama alleged amended amount appeal appellee assigned averred bank Baton Rouge bill of exceptions Birmingham bond cane cause certificate of deposit charge claim complainant contract creditors damages debt deceased decree deed defendant defendant's demurrer district court entitled error evidence executed fact favor fendant filed ground Hart held indictment interest Isaac Roos issue Judge judgment Julius Meyers jury land license Louisiana McDonald McKenzie & Co ment Miss mortgage Nathan F Opelousas owner paid Paint Rock river pany parties payment Perrier petition plain plaintiff plaintiff in error plea poll tax possession purchase question railroad receipt received record refused rule scrip Shreveport Sigur sold South statute street suit Supreme Court surety tax collector testified testimony thereof tiff tion track trial verdict witness writ
Popular passages
Page 159 - ... take possession of the books, records, and assets of every description of such association, collect all debts, dues, and claims belonging to such association, and, upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, sell all the real and personal property of such association, on such terms as the court shall direct...
Page 119 - The provisions of all laws which are inconsistent with this Constitution shall cease upon its adoption, except that all laws which are inconsistent with such provisions of this Constitution as require legislation to enforce them, shall remain in force until the first day of July, one thousand eight hundred and seventy-seven, unless sooner amended or repealed by the General Assembly.
Page 308 - That the contributory negligence of the party injured will not defeat the action, if it be shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the injured party's negligence.
Page 27 - It is admitted that the rule is difficult of application. 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 375 - For the reasons herein assigned, it is hereby ordered, adjudged, and decreed that the judgment of the district court be, and the same Is hereby, annulled, avoided, and reversed, and it is now ordered, adjudged, and decreed that the plaintiff, Mrs.
Page 8 - It [a fee simple] is an estate of perpetuity, and confers an unlimited power of alienation, and no person is capable of having a greater estate or interest in land. Every restraint upon alienation is inconsistent with the nature of a fee simple; and if a partial restraint be annexed to a fee, as a condition not to alien for a limited time, or not to a particular person, it ceases to be a fee simple, and becomes a fee subject to a condition.
Page 378 - The defendant, as a witness in his own behalf, testified that he told Race that he was then ready to deliver the hops to the plaintiffs ; that 40odd bales were in the warehouse at Brooks station on the morning of the 10th of October, and had been for some time previous; that afterward and on that day he caused 29 or 30 bales more to be hauled by his workmen to...
Page 423 - Upon the introduction of all the evidence, the defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked: (1) "If the jury believe the evidence in this case, they must find a verdict for the defendant.
Page 119 - Instruction, who, after the first term of office, shall be elected by the people; the first term of office shall be filled by appointment of the Governor, by and with the advice and consent of the Senate.
Page 99 - When perpetrated by any act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without any premeditated design to affect the death of any particular individual.