The Southeastern Reporter, Volume 40West Publishing Company, 1902 |
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Página 54
... train failed to have his train under control , in disregard of the company's rules , his negligence was that of a fellow servant , but if it was the duty of the defend- ant to provide a derailing switch , and it was negligent in failing ...
... train failed to have his train under control , in disregard of the company's rules , his negligence was that of a fellow servant , but if it was the duty of the defend- ant to provide a derailing switch , and it was negligent in failing ...
Página 55
... trains must be " run with great care and under control of the engineman , " and the evidence shows that a train is under con- trol when it can be stopped promptly or within the limit of vision . It appears that at many points on the Nor ...
... trains must be " run with great care and under control of the engineman , " and the evidence shows that a train is under con- trol when it can be stopped promptly or within the limit of vision . It appears that at many points on the Nor ...
Página 57
... train may have been guilty of negligence in failing to bring his train under control when he approached the station , yet if , in the opinion of the jury , the defendant company was negligent in not having furnished a derailing switch ...
... train may have been guilty of negligence in failing to bring his train under control when he approached the station , yet if , in the opinion of the jury , the defendant company was negligent in not having furnished a derailing switch ...
Página 59
... train which ran into the siding a few minutes before the collision , and remained until another train had passed , and then drew out . " No one , however [ says the court ] , saw the freight train touch or come in contact with the flat ...
... train which ran into the siding a few minutes before the collision , and remained until another train had passed , and then drew out . " No one , however [ says the court ] , saw the freight train touch or come in contact with the flat ...
Página 67
... train , and in a position of such apparent dan- ger that ordinary prudence could not extricate her , it is the duty of the engineer to warn her at once by signal , and stop the train , if neces- sary to save her , if he could do so by ...
... train , and in a position of such apparent dan- ger that ordinary prudence could not extricate her , it is the duty of the engineer to warn her at once by signal , and stop the train , if neces- sary to save her , if he could do so by ...
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Termos e frases comuns
accused affirmed agent alleged amount appeal appellee authority bill bond brings error cause of action certiorari charge circuit court claim Code complaint contract contributory negligence coun court of equity Court of Georgia creditors debt decree deed defendant in error defendant's demurrer dence duty employé entitled equity Error from superior evidence execution fact favor fendant filed Gonez ground guilty H. L. Smith held indictment injury intent intestate issue judge judgment jury justice land liable lien mandamus ment motion negligence North Carolina opinion overruled paid parties payment person petition plaintiff in error principal proceedings purchase question Railroad Co railroad company reason refused road rule scire facias statute suit superior court Supreme Court sustained Syllabus testimony thereof tiff tion track tract train trial verdict West Virginia witness writ
Passagens mais conhecidas
Página 381 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Página 339 - Court, as well the Party issuing such Process as the Party making such Claim...
Página 75 - ... on the trial of any of the offences in this section mentioned it shall not be necessary to prove an intent on the part of the defendant to defraud any particular person, but it shall be sufficient to prove that the defendant did the act charged, with an intent to defraud.
Página 66 - ... 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 a 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.
Página 376 - Under color of a known election or appointment, void because the officer was not eligible, or because there was a want of power in the electing or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility, want of power, or defect being unknown to the public. "Fourth. Under color of an election or an appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to be such.
Página 424 - A majority of the trustees shall be a quorum for the transaction of business ; a less number may adjourn from time to time and compel the attendance of absent members in such manner as shall be prescribed by ordinance.
Página 17 - ... dollar cash in hand paid, the receipt of which is hereby acknowledged.
Página 452 - The judicial power of this State, both as to matters of law and equity, shall be vested in a supreme court, circuit courts, courts of probate, and in justices of the peace.
Página 198 - 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.
Página 300 - ... that the negligence of the defendant was the proximate cause of the injury sustained.