The Pacific Reporter, Volume 101West Publishing Company, 1909 |
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Halaman 50
... NEGLIGENCE ( § 93 * ) NEGLIGENCE required conditions , none of which can be CHAUFFEUR AS IMPUTABLE TO PASSENGER . dispensed with ; and the United States stat- In determining the liability for the death utes ( section 1007 , Rev. St ...
... NEGLIGENCE ( § 93 * ) NEGLIGENCE required conditions , none of which can be CHAUFFEUR AS IMPUTABLE TO PASSENGER . dispensed with ; and the United States stat- In determining the liability for the death utes ( section 1007 , Rev. St ...
Halaman 51
... NEGLIGENCE ( § 93 * ) — INJURY TO PASSENGER IN VEHICLE - WHAT CONSTITUTES CONTRIB- UTORY NEGLIGENCE . Ordinarily where one rides in a vehicle with the driver , and is injured by the negligence of a third person , to which the negligence ...
... NEGLIGENCE ( § 93 * ) — INJURY TO PASSENGER IN VEHICLE - WHAT CONSTITUTES CONTRIB- UTORY NEGLIGENCE . Ordinarily where one rides in a vehicle with the driver , and is injured by the negligence of a third person , to which the negligence ...
Halaman 52
... negligence of the chauf feur was imputable to respondent's decedent ; and ( 3 ) that the evidence does not disclose any negligence on the part of the appellant . Whether the chauffeur was negligent we will not consider , except as it ...
... negligence of the chauf feur was imputable to respondent's decedent ; and ( 3 ) that the evidence does not disclose any negligence on the part of the appellant . Whether the chauffeur was negligent we will not consider , except as it ...
Halaman 53
... negligence of a third person , to which negligence that of the driver con- tributes , the contributory negligence is not imputable to the passenger , unless said pas- senger has , or is in a position to have and exercise , some control ...
... negligence of a third person , to which negligence that of the driver con- tributes , the contributory negligence is not imputable to the passenger , unless said pas- senger has , or is in a position to have and exercise , some control ...
Halaman 54
... negligence negligence . " We have no difficulty in arriv- than he would have been for the negligence ing at the conclusion that there was abun- of the motorman if running on an electric | dant evidence to be submitted to the jury up ...
... negligence negligence . " We have no difficulty in arriv- than he would have been for the negligence ing at the conclusion that there was abun- of the motorman if running on an electric | dant evidence to be submitted to the jury up ...
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accused action adverse possession affirmed alleged amended amount APPEAL AND ERROR appellant assessment attorney cause cause of action Cent charge claim Code Colo complaint concur Constitution contract corporation counsel court erred Criminal CRIMINAL LAW damages decree deed defendant defendant's demurrer denied dismissed district court ditch entitled evidence facts fendant filed GOSE Grady county grant held injury instruction interest intoxicating liquors irrigation issue Judge judgment jury land Lassen county liable lien ment mortgage motion MUNICIPAL CORPORATIONS negligence Note Note.-For Oklahoma owner parties payment person petition plaintiff in error pleadings possession proceedings purchase purpose question quiet title railroad reason record refused respondent rule sion statute sufficient Supreme Court testified testimony therein thereof tiff tion trial court varicose veins verdict witness writ Yellowstone county
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Halaman 283 - That all fermented, distilled, or other Intoxicating liquors or liquids transported into any state or territory, or remaining therein for use, consumption, sale or storage therein, shall, upon arrival in such state or territory be subject to the operation and effect of the laws of such state or territory...
Halaman 149 - In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.
Halaman 327 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Halaman 42 - A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the Court to change the place of trial as in other cases.
Halaman 31 - The court may determine any controversy between the 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 cause them to be brought in.
Halaman 283 - ... shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.
Halaman 130 - It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Halaman 282 - If. therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, It is the duty of the courts to so adjudge, and thereby give effect to the Constitution.
Halaman 278 - ... to the same extent and in the same manner as though such liquids or liquors had been produced in such state or territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.
Halaman 226 - ... valuation of the property carried, with the rate of freight based on the condition that the carrier assumes liability only to the extent of the agreed valuation, even in case of loss or damage by the negligence of the carrier, the contract will be upheld as a proper and lawful mode of securing a due proportion between the amount for which the carrier may be responsible and the freight he receives, and of protecting himself against extravagant and fanciful valuations.