The South Western Reporter, Volume 149West Publishing Company, 1912 Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas. |
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action adverse possession Affirmed alleged amount APPEAL AND ERROR Appeals of Texas appellant appellant's appellee appellee's authority bank bonds Cass county cattle cause Cent charge circuit court claim complained Constitution contract contributory negligence corporation court erred court of equity CRIMINAL LAW damages deceased deed defendant defendant's employé engine evidence fact favor fendant filed held homicide indictment injury instruction intoxicating liquors issue Jim Tatum Judge judgment jury land liable logs mandamus ment motion negligence Note Note.-For NUMBER in Dec offense overruled paid Paramore parties pellant person petition plain plaintiff pleadings question railroad Railway reason recover refused Rehearing Rep'r Indexes reversible error rule Saline County section NUMBER Series & Rep'r statute suit Supreme Court Tatum testified testimony thereof tiff tion topic and section trial court verdict wife witness writ
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Halaman 215 - ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Halaman 139 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Halaman 3 - This suit was afterwards removed to the circuit court of the United States for the western division of the western district of Missouri.
Halaman 139 - It does not at all follow that every statute enacted ostensibly for the promotion of these ends is to be accepted as a legitimate exertion of the police powers of the State.
Halaman 216 - The laws of the United States are laws in the several States, and just as much binding on the citizens and courts thereof as the state laws are. "The United States is not a foreign sovereignty, as regards the several States, but is a concurrent and, within its jurisdiction, paramount sovereignty.
Halaman 312 - ... 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.
Halaman 411 - But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Halaman 215 - Columbia and any of the states or territories and any foreign nation or nations shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or in case of the death of such employee to his or her personal representative...
Halaman 215 - Columbia or any of the states or territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee...
Halaman 138 - This does not confer power upon the whole people to control rights which are purely and exclusively private, but it does authorize the establishment of laws requiring each citizen to so conduct himself, and so use his own property, as not unnecessarily to injure another.