The Pacific Reporter, Volum 129West Publishing Company, 1913 |
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affirmed agent agreement alleged amount appellant appellee authority bond Bonneville county cause of action Cent charge claim Coal county Code Colo complaint concur contract contributory negligence corporation counsel county court CRIMINAL LAW damages decree deed defendant defendant's dence district court ditch duty election entitled evidence executors fact fendant filed held Indictment injury instruction issue Judge judgment jurisdiction jury Key-No land liability lien liquor ment motion negligence Note Note.-For NUMBER in Dec Oklahoma opinion owner paid parties payment person petition plaintiff in error pleadings purchase question quiet title reason recover remanded Rep'r Indexes respondent reversed Rice creek rule section NUMBER Series & Rep'r Stat statute street sufficient Supreme Court sureties sustained testified testimony thereof tide lands tiff tion topic and section tract trial court trust verdict Wash witness
Populære avsnitt
Side 151 - The court said 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 defendant, that the accident arose from want of care.
Side 292 - ... no contract, receipt, rule, or regulation shall exempt such common carrier, railroad, or transportation company from the liability hereby imposed: Provided, That nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Side 292 - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Side 92 - 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, or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust within the meaning of this section.
Side 439 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion from them that the question of negligence is ever considered as one of law for the court.
Side 291 - That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful...
Side 267 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Side 30 - 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...
Side 68 - The question always is, Was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Side 68 - 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.