The South Western Reporter, Volum 226
Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas.
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action Adverse possession affirmed agreed agreement alleged amount answer appeal appellee applied asked assignment authority bank bill cause charge circuit court claim contract corporation damages death deed defendant district duty effect error evidence execution facts failed filed follows funds further give given ground held holding injury instruction insured interest issue Judge judgment jury Key-Numbered land limits Louis matter ment motion necessary negligence opinion owner paid parties payment person petition plain plaintiff possession present purchase question railroad reason received record reference refused reversed road rule statement statute street sufficient suit term testified testimony tion track trial verdict Walsh wife witness
Side 343 - Sears,4 where he says that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is precluded from averring against the latter a different state of things as existing at the same time.
Side 228 - keep the engineer, fireman, or some other person upon the locomotive, always upon the lookout ahead ; and when any person, animal, or other obstruction appears upon the road, the alarm whistle shall be sounded, the brakes put down, and every possible means employed to stop the train and prevent an accident.
Side 445 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Side 381 - 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.
Side 456 - All questions arising under this Act, if not settled by agreement of the parties interested therein with the approval of the board, shall, except as otherwise herein provided, be determined by the board.
Side 62 - C., is adopted as the opinion of the court. The judgment of the circuit court is accordingly affirmed, and the cause remanded, with directions as recommended by the Commissioner. REYNOLDS, PJ, and ALLEN and BECKER, JJ., concur.
Side 138 - The question for the jury to determine, from all the facts and circumstances...
Side 342 - A party who negligently or culpably stands by and allows another to contract on the faith and understanding of a fact which he can contradict, cannot afterwards dispute that fact in an action against the person whom he has himself assisted in deceiving.
Side 111 - There is nothing to indicate that this brief visit to the boarding-house was at all out of the ordinary, or was inconsistent with his duty to his employer. It seems to us clear that the man was still "on duty," and employed in commerce, notwithstanding his temporary absence from the locomotive engine.