The Southwestern Reporter, Volume 233West Publishing Company, 1922 |
Contents
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Common terms and phrases
acres affirmed alleged answer appellant appellant's appellee assignment automobile cause of action certificate charge circuit court Civil Appeals claim contract contributory negligence corporation Court of Civil damages death deceased deed deed of trust defendant defendant's demurrer dence Digests and Indexes engine estoppel evidence executed facts feet fendant filed Fort Worth Harris county held Hill county homestead Indexes 233 injury instruction issue Judge judgment jury Kansas City Key-Numbered Digests land lease lien Louis ment Missouri mortgage negligence opinion parties payment petition Peugh plaintiff pleaded purchase question railroad reason recover refused Rehearing remanded reversible error rule statute street suit supra Supreme Court tenant testator testified testimony Texas thereof tiff tion topic and KEY-NUMBER track tract train trial court verdict Walter Jones wife witness
Popular passages
Page 328 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 433 - And in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute...
Page 191 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had he lived, against the latter for an injury for the same act or omission.
Page 422 - The burden rested upon the plaintiff to prove by a preponderance of the evidence that the negligence of the defendant was the proximate cause of the decedent's injury.
Page 433 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.
Page 204 - 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.
Page 408 - Actions at law or suits in equity may be brought by and against such carriers and judgments rendered as now provided by law; and in any action at law or suit in equity against the carrier, no defense shall be made thereto upon the ground that the carrier is an instrumentality or agency of the federal government.
Page 317 - No policy of life insurance shall be issued or delivered in this State, or be issued by a life insurance company organized under the laws of this State, if it contain any of the following provisions: 1.
Page 194 - That no action shall be maintained under this Act unless commenced within two years from the day the cause of action accrued.
Page 409 - The true rule is that if the plaintiff knew, or by the exercise of ordinary care might have known...