Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Band 109 |
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Seite 36
... NEGLIGENCE . Prima Facie Case - Application of maxim , res ipsa loquitur . When a team of horses is found running away , unattended upon a public highway , and doing hurt to plaintiff law- fully thereon , proof thereof makes a prima ...
... NEGLIGENCE . Prima Facie Case - Application of maxim , res ipsa loquitur . When a team of horses is found running away , unattended upon a public highway , and doing hurt to plaintiff law- fully thereon , proof thereof makes a prima ...
Seite 37
... negligence whereby this team of horses ran away and into the vehicle in which plaintiff's intestate was riding , and that such negligence was the prime , proximate and efficient cause of her in- juries . " This was a correct application ...
... negligence whereby this team of horses ran away and into the vehicle in which plaintiff's intestate was riding , and that such negligence was the prime , proximate and efficient cause of her in- juries . " This was a correct application ...
Seite 38
... negligence was made , so as , without more , to put the burden of explana- tory evidence on the defendant , or , having established so much , it was the duty of the plaintiff to have gone further , and shown that there was negligence on ...
... negligence was made , so as , without more , to put the burden of explana- tory evidence on the defendant , or , having established so much , it was the duty of the plaintiff to have gone further , and shown that there was negligence on ...
Seite 39
... Negligence , the first edition of which is now going through the press . In volume 1 , sec . 1297 , he says " that horses which are roadwise , and fit to be driven on the street or highway , and which are properly driven and cared for ...
... Negligence , the first edition of which is now going through the press . In volume 1 , sec . 1297 , he says " that horses which are roadwise , and fit to be driven on the street or highway , and which are properly driven and cared for ...
Seite 40
... negligence unless the maxim of res ipsa loquitur was applied , while possibly in all cases it would be within the power of the owner to rebut the presumption of negligence by showing that the runaway was not the result of a lack of care ...
... negligence unless the maxim of res ipsa loquitur was applied , while possibly in all cases it would be within the power of the owner to rebut the presumption of negligence by showing that the runaway was not the result of a lack of care ...
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Häufige Begriffe und Wortgruppen
99 Tenn adverse possession alleged authority averred Bank bonds cause of action chancellor chancery appeals chancery court charge Chattanooga circuit court cited and approved claim Clarksville Coal complainant construed contract county court court of chancery Craigmiles D. M. Steward damages Davidson Benedict Davidson County Davis death deceased decree deed defendant delivered the opinion demurrer Ducktown entitled entry evidence fact favor filed grant Hamilton county Heisk held Humph husband indictment inheritance tax injury interest issue judgment jurisdiction jury JUSTICE Knoxville land liable malicious malicious prosecution Nashville negligence ordinance owner party person plaintiff in error Post proceedings prosecution question Railroad Company reason received recover right of action rule September Term Severson Sheafer sheriff's deed Slatton Sneed statute supersedeas sustained Swepson Tennessee Central Railroad tion tract trial judge Troughber usury valid vested void Wallace widow wife witness
Beliebte Passagen
Seite 404 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Seite 706 - ... judges of courts of superior or general jurisdiction are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly.
Seite 509 - A monopoly is an institution, or allowance by the king by his grant, commission, or otherwise to any person or persons, bodies politic or corporate, of or for the sole buying, selling, making, working, or using of anything, whereby any person or persons, bodies politic or corporate, are sought to be restrained of any freedom or liberty that they had before, or hindered in their lawful trade.
Seite 542 - Real Estate and Real Property. The word "land" or "lands," and the words "real estate" and "real property" shall be construed to include lands, tenements and hereditaments and all rights thereto and interests therein.
Seite 403 - Tennessee, that a sale of any portion of a stock of merchandise otherwise than in the ordinary course of trade In the regular and usual prosecution of the seller's business, or a sale of an entire stock of merchandise In bulk, shall be presumed to be fraudulent and void as against the creditors of the seller...
Seite 130 - ... when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. In case...
Seite 130 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Seite 368 - ... the owner or agent shall employ a competent and practical inside overseer to be called mining boss...
Seite 134 - ... [That suits, actions, and "proceedings against any association under this title may be had in any circuit, district, or territorial court of the United States held within the district in which such association may be established, or in ary State, county, or municipal court in the county or city in which said association is located having jurisdiction in similar cases.
Seite 401 - ... the seller shall at least five days before such sale, fully and truthfully answer in writing each and all of said inquiries...