The Southwestern Reporter, 105. köideWest Publishing Company, 1908 |
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Page 11
... train . Defendant re- quested an instruction that the burden was on plaintiff to prove that the injuries occurred solely by the stock being struck by a train , and that , if some of the injuries might have occurred from another cause ...
... train . Defendant re- quested an instruction that the burden was on plaintiff to prove that the injuries occurred solely by the stock being struck by a train , and that , if some of the injuries might have occurred from another cause ...
Page 13
... train of cars . On account of the nose scratch , the instruction should have been given as asked , but this injury was so insignificant and inconsequen- tial that it is not likely the jury took it in- to consideration in estimating the ...
... train of cars . On account of the nose scratch , the instruction should have been given as asked , but this injury was so insignificant and inconsequen- tial that it is not likely the jury took it in- to consideration in estimating the ...
Page 21
... train at a railroad cross- ing held not to show contributory negligence as a matter of law in attempting to cross with knowledge that the train was approaching . [ Ed . Note . - For cases in point , see Cent . Dig . vol . 41 , Railroads ...
... train at a railroad cross- ing held not to show contributory negligence as a matter of law in attempting to cross with knowledge that the train was approaching . [ Ed . Note . - For cases in point , see Cent . Dig . vol . 41 , Railroads ...
Page 22
... train . It was not a miscalculation of his having time . The same thing would have happened to the pony if he had been right at the crossing when the train was a quarter of a mile away . The only difference is that in such case ...
... train . It was not a miscalculation of his having time . The same thing would have happened to the pony if he had been right at the crossing when the train was a quarter of a mile away . The only difference is that in such case ...
Page 71
... train , but the testimony of one was not in entire harmony with that of the other , and both were contradicted by other witnesses , a verdict for plaintiff will not be disturbed . [ Ed . Note . For cases in point , see Cent . Dig . vol ...
... train , but the testimony of one was not in entire harmony with that of the other , and both were contradicted by other witnesses , a verdict for plaintiff will not be disturbed . [ Ed . Note . For cases in point , see Cent . Dig . vol ...
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action adverse possession affirmed alleged Anderson county Appeal from Circuit Appeals of Kentucky appellant appellant's appellee Arkansas assessment attorney bank Bentonville Boyle county cause cause of action Cent charge circuit court claim contract corporation Court of Appeals deed defendant defendant's duty Emily Berry error evidence executed fact fendant filed H. C. Mathis held indictment injury instruction James McCulloch Judge judgment jury Kentucky land Law Rep liable lien liquor Louis ment Morris motion negligence Note.-For notes option law paid pany party payment pellant person petition plaintiff plaintiff in error pleaded proof purchase question Railroad Company reason recover remanded reversed rule statute suit testified testimony Texarkana Texas thereof tion track tract trial court truss rods trust verdict wife witness
Popular passages
Page 438 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 75 - ... which render It unconscientious for the holder of the legal title to retain and enjoy the beneficial interest, equity Impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same, although he may never perhaps have had any legal estate therein...
Page 362 - It is a most general rule that no allegation which is descriptive of the identity of that which is legally essential to the claim or charge can ever be rejected.
Page 185 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 170 - The court Instructs the jury that If they shall believe from the evidence that the...
Page 308 - The court instructs the jury that if you believe and find from the evidence that...
Page 407 - ... by unauthorized persons; and to provide for the trial and punishment of violators of the provisions of this act by fine or imprisonment, or both; and to repeal all laws or parts of laws in conflict or inconsistent with this act.
Page 315 - Equity is founded on perfect truth " (c), and " when the owner of a trade mark applies for an injunction to restrain the defendant from injuring his property by making false representations to the public, it is essential that the plaintiff should not, in his...
Page 140 - Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title ; and no law shall be revised or amended by reference to its title ; but in such case the act revised or section amended, shall be re-enacted and published at length.
Page 279 - ... said party of the first part, and the said party of the first part...