Southern Reporter, Volume 99West Publishing Company, 1924 Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana. |
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Affirmed Alabama alleged amended amount Appeal from Circuit appellant appellee Atty authority bank bill bond cause of action certiorari chancery court charge circuit court claim Company complainant Constitution contract corporation Coun counsel court of equity Court of Mississippi damages deceased decree defendant defendant's demurrer Digests and Indexes dismissed Division Duval county equity error evidence ex rel executors fact fendant filed Hattiesburg heirs held issue Judge judgment jurisdiction jury Key-Numbered Digests land lien Louisiana Lumber mandamus ment Miss mortgage motion negligence Orleans overruled Palatka parish parties payment person petition petitioner plaintiff plaintiff in error plea Polk county question railroad reason record refused rendered rule Sisters of Mercy South statute suit Supreme Court Syllabus by Editorial testator testified testimony thereof tion topic and KEY-NUMBER trial court trust usufruct wife witness writ
Popular passages
Page 84 - 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.
Page 431 - 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?
Page 329 - Without doubt, it denotes not merely freedom from bodily restraint, but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and, generally, to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.
Page 304 - The amount of any loss or damage for which any carrier is liable shall be computed on the basis of the value of the property (being the bona fide invoice price, if any, to the consignee^ including the freight charges, if prepaid) at the place and time of shipment under this bill of lading...
Page 329 - Included in the right of personal liberty and the right of private property — partaking of the nature of each — is the right to make contracts for the acquisition of property. Chief among such contracts is that of personal employment, by which labor and other services are exchanged for money or other forms of property. If this right be struck down or arbitrarily interfered with, there is a substantial impairment of liberty in the long-established constitutional sense.
Page 398 - ... the difference between the contract price and the market value at the time and place of delivery.
Page 14 - January, eighteen hundred and ninety-eight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.
Page 9 - Act, or of any amendments thereto, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture...
Page 329 - The established doctrine is that this liberty may not be interfered with, under the guise of protecting the public interest, by legislative action which is arbitrary or without reasonable relation to some purpose within the competency of the state to effect.
Page 232 - The guaranty of liberty does not withdraw from legislative supervision that wide department of activity which consists of die making of contracts, or deny to government the power to provide restrictive safeguards. Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community (Chicago, Burlington & Quiruy RR Co.