Southern Reporter, Volumen76West Publishing Company, 1918 Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana. |
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Página 8
... injury and death . These conditions were described in these ma- terial averments : 66 * * Plaintiff's intestate , W. J. Moran , was lawfully crossing defendant's said railroad track in New Decatur , Ala . , and while crossing said track ...
... injury and death . These conditions were described in these ma- terial averments : 66 * * Plaintiff's intestate , W. J. Moran , was lawfully crossing defendant's said railroad track in New Decatur , Ala . , and while crossing said track ...
Página 17
... injury are engaged in fendant at the trial , and properly set a judg- work or service immediately related and direct- ment for plaintiff aside and granted a new trial.ly contributory to interstate commerce . [ Ed . Note . - For other ...
... injury are engaged in fendant at the trial , and properly set a judg- work or service immediately related and direct- ment for plaintiff aside and granted a new trial.ly contributory to interstate commerce . [ Ed . Note . - For other ...
Página 18
... INJURY - ASSUMPTION OF RISK - NEG- ANT'S INJURY - USE OF COAL CHUTE - SERV- LIGENCE OF FELLOW SERVANT . At common law , an employé assumes the risk of injury resulting from the negligence of a fellow servant . [ Ed . Note . - For other ...
... INJURY - ASSUMPTION OF RISK - NEG- ANT'S INJURY - USE OF COAL CHUTE - SERV- LIGENCE OF FELLOW SERVANT . At common law , an employé assumes the risk of injury resulting from the negligence of a fellow servant . [ Ed . Note . - For other ...
Página 19
... injury . Proof of the fact of injury only , along with the fact that the relation of master and servant existed , will not suffice . L. & N. R. R. Co. v . Fitzger- ald , 161 Ala . 397 , 413 , 414 , 49 South . 860 ; A. G. S. R. R. Co. v ...
... injury . Proof of the fact of injury only , along with the fact that the relation of master and servant existed , will not suffice . L. & N. R. R. Co. v . Fitzger- ald , 161 Ala . 397 , 413 , 414 , 49 South . 860 ; A. G. S. R. R. Co. v ...
Página 20
... injury alone would authorize the presumption , as in the In view of the fundamental distinction case of a passenger , that the injury suffered between a presumption ( res ipsa loquitur ) was the result of negligence . It is to be and an ...
... injury alone would authorize the presumption , as in the In view of the fundamental distinction case of a passenger , that the injury suffered between a presumption ( res ipsa loquitur ) was the result of negligence . It is to be and an ...
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Términos y frases comunes
action adopted adverse possession Affirmed Alabama alleged amended Appeal from Circuit appellee applied authority averments Bank bill Birmingham bonds cause Cent certiorari chancery court charge child circuit court claim Code Company complainant Constitution contract corporation Coun Court of Alabama court of equity creditors debt declared decree deed defendant defendant's demurrer district duty effect employé equity error evidence executed fact fendant filed Franek Grenada County held husband indorser injury issue Jefferson county Judge judgment June 21 jurisdiction land Legislature liability Louisiana Lumber MCCLELLAN ment Miss Mississippi mortgage negligence Note.-For opinion Orleans owner paid parish parties payment person plaintiff plea police jury possession probate probate court question railroad remanded rendered Reversed rule Safety Harbor South statute suit supra Supreme Court testator thereof tion trust wife witness
Pasajes populares
Página 320 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt, except in so far as it is to property which Is exempt...
Página 4 - A person to whom a negotiable receipt has been duly negotiated acquires thereby: . (a) Such title to the goods as the person negotiating the receipt to him had or had ability to convey to a purchaser in good faith for value...
Página 179 - States, deprives both the employer and the laborer of his property without due process of law, and denies to them the equal protection of the laws.
Página 279 - A child, when adopted, may take the family name of the 'person adopting. After adoption the two shall sustain towards each other the legal relation of parent and child, and have all the rights and be subject to all the duties of that relation.
Página 371 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Página 345 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable. Any fair, reasonable, substantial doubt concerning the existence of power is resolved...
Página 362 - Of the various circumstances which may determine whether in any case this character is or is not retained, the intention with which they are annexed is one; and if the intention is that they shall not by annexation become a part of the freehold, as a general rule they will not. The limitation to this is where the subject or mode of annexation is such as that the attributes of personal property cannot be predicated of the thing in controversy (Ford v.
Página 74 - When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. 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...
Página 331 - From a deliberate and premeditated design to effect the death of the person killed, or of another; or, 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of any individual; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or, 3.
Página 405 - No county, city, township school district or other municipal corporation shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness.