The Pacific Reporter, Volume 129West Publishing Company, 1913 - Law reports, digests, etc |
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Common terms and phrases
affirmed agent agreement alleged amount appellant appellee authority bond Bonneville county cause of action Cent charge claim Coal county Colo complaint contract contributory negligence corporation counsel county court CRIMINAL LAW damages decree deed defendant defendant's dence district court ditch duty election entitled evidence executors fact fendant filed held Indictment injury instruction issue Judge judgment jurisdiction jury Key-No land liability lien liquor ment motion negligence Note Note.-For NUMBER in Dec Oklahoma opinion option law owner paid parties payment person petition plaintiff in error pleadings purchase question quiet title quitclaim deed reason remanded Rep'r Indexes replevin respondent reversed Rice creek rule section NUMBER Series & Rep'r Stat statute street sufficient Supreme Court Surety testified testimony thereof tide lands tiff tion topic and section tract trial court trust verdict Wash witness
Popular passages
Page 151 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 92 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust within the meaning of this section.
Page 439 - 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.
Page 291 - That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful...
Page 231 - If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.
Page 291 - Act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation...
Page 292 - That the common carrier, railroad, or transportation company issuing such receipt or bill of lading shall be entitled to recover from the common carrier, railroad, or transnortation company on whose line the loss, damage, or injury shall have been sustained the amount of such loss, damage, or injury as it may be required to pay to the owners of such property, as may be evidenced by any receipt, judgment, or transcript thereof.
Page 291 - That any person or persons claiming to be damaged by any common carrier subject to the provisions of this act may either make complaint to the Commission as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act...
Page 296 - ... shall be .guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars, or be imprisoned in the county jail for not more than one year, or be punished by both such fine and imprisonment, in the discretion of the court.
Page 293 - ... the appropriate proceedings in any court, for the purpose of apportioning the sum for which the owner of the vessel may be liable among the parties entitled thereto.