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action affirmed alleged allowed amendment amount appears application Atlanta authorities bank bill bond brought cause charge claim consideration contract conveyed corporation counsel creditors damages debt deed defendant dismissed duty effect entitled evidence excepted execution exercise fact failed favor filed further give given grant ground held hold indictment injury interest issue judge judgment jury Justice land levy liable March matter ment mortgage motion necessary negligence notice objection opinion ordinary paid parties passed payment person petition plaintiff in error possession premises present proper purchase question railroad reason received record recover reference refusing rendered reversed rule sold statement street sufficient suit superior court taken term testified testimony therein tion trial verdict witness
Halaman 79 - By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...
Halaman 739 - The presumption of negligence cast upon railroads by our statute in personal injury cases ceases when the railroad company has made it appear by a preponderance of the evidence that its agents have exercised all ordinary and reasonable care and diligence.
Halaman 479 - All exceptions which go merely to the form of an indictment, shall be made before trial, and no motion in arrest of judgment, or writ of error, shall be sustained, for any matter not affecting the real merits of the offense charged in the indictment.
Halaman 198 - ... to make out a prima facie case of negligence on the part of the company occurring within the borders of the State.
Halaman 68 - The jury are instructed, that the preponderance of evidence in a case is not alone determined by the number of witnesses testifying to a particular fact, or state of facts.
Halaman 227 - One of the principal weaknesses of the jury system is the rule which requires the jury to be satisfied beyond a reasonable doubt of the guilt of the accused before returning a verdict of conviction. As if this were not enough, we not infrequently find the courts delivering instructions to juries to give the "most charitable and merciful construction
Halaman 199 - If the error or mistake is attributable to atmospheric causes or disturbances, or to any cause for which the company is not at fault, it is entirely within its power to show it. To require the sender of the message to establish the particular act of negligence, or ferret out the particular locality where the negligent act occurred, after showing the mistake itself, would be to require in many cases an impossibility, not infrequently resulting in enabling the company to evade a just liability.
Halaman 277 - State from a drawee residing there, is liable for neglect of duty occurring in its collection, whether arising from the default of its own officers or from that of its correspondent in the other State, or an agent employed by such correspondent, in the absence of any express or implied contract varying such liability, is established by decisions in New York, Allen v. Merchants