The South Western Reporter, Volumen92
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 affirmed agent agreed alleged amount answer appellant appellee application assignment authority cause Cent charge circuit court claim Constitution construction contract corporation court crossing damages danger deed defendant defendant's directed duty effect error evidence executed fact feet filed follows further give given ground hand held injury instruction interest issue Judge judgment jurisdiction jury land liability Louis March matter ment motion negligence notice objection officers opinion owner paid parties payment person petition plaintiff present proceeding proper purchase question railroad Railway reason received record recover reference relators reversed road rule sold statement statute street sufficient suit testified testimony thereof tion track train trial wife witness
Página 402 - This company shall not be liable for loss caused directly or indirectly by invasion, insurrection, riot, civil war or commotion, or military or usurped power, or by order of any civil authority; or by theft; or by neglect of the insured to use all reasonable means to save and preserve the property at and after a fire or when the property is endangered by fire in neighboring premises...
Página 121 - 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.
Página 71 - ... in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year...
Página 366 - No person duly authorized to practice physic or surgery shall be allowed to disclose any information which he may have acquired in attending any patient in his professional character, and which information was necessary to enable him to prescribe for such patient as a physician, or to do any act for him as a surgeon: Prnrldcd, however.
Página 18 - Whenever the illegality appears, whether the evidence comes from one side or the other, the disclosure is fatal to the case. No consent of the defendant can neutralize its effect. A stipulation in the most solemn form to waive the objection would be tainted with the vice of the original contract. and void for the same reasons. Wherever the contamination reaches, it destroys. The principle to be extracted from all the cases is, that the law will not lend its support to a claim founded upon its violation.
Página 72 - ... to be ascertained by the assessment next before the last assessment for State and county purposes, previous to the incurring of such indebtedness...
Página 327 - It is an undeniable principle of the law of contracts, that an offer of a bargain by one person to another, imposes no obligation upon the former until it is accepted by the latter, according to the terms in which the offer was made. Any qualification of, or departure from, those terms invalidates the offer, unless the same be agreed to by the person who made it. Until the terms of the agreement have received the assent of both parties, the negotiation is open, and imposes no obligation upon either.
Página 290 - The primary cause may be the proximate cause of a disaster, though it may operate through successive instruments, as an article at the end of a chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or as in the oft-cited case of the squib thrown in the market place.
Página 54 - The case was tried before the court without a jury, and resulted in a judgment in favor of the plaintiff...