Reports of Cases Determined in the Courts of Appeal of the State of California, Volumen4Bancroft-Whitney, 1908 |
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Página 1
... deceased appears to have been the proximate cause of his death , and a nonsuit was properly granted . ID . - DOCTRINE OF LAST CLEAR OPPORTUNITY - NOTICE OF PERIL . - The doctrine which makes a personal injury the fault of him who has ...
... deceased appears to have been the proximate cause of his death , and a nonsuit was properly granted . ID . - DOCTRINE OF LAST CLEAR OPPORTUNITY - NOTICE OF PERIL . - The doctrine which makes a personal injury the fault of him who has ...
Página 2
... deceased cannot and the defendant ear prevent the injury . This principle does not govern where both parties are contemporaneously and actively in fault , and by their mutual carelessness the injury ensues . ID . — PERFORMANCE OF DUTY ...
... deceased cannot and the defendant ear prevent the injury . This principle does not govern where both parties are contemporaneously and actively in fault , and by their mutual carelessness the injury ensues . ID . — PERFORMANCE OF DUTY ...
Página 3
... deceased passing along the south sidewalk . while the engineer was still north of the street . He observed that deceased was walking slowly and without any attention to his surroundings , and for the purpose of attracting his attention ...
... deceased passing along the south sidewalk . while the engineer was still north of the street . He observed that deceased was walking slowly and without any attention to his surroundings , and for the purpose of attracting his attention ...
Página 4
... deceased was going to disregard all his warnings until he had given the warnings , and it was then too late to make the stopping of the train effective to avoid the killing . This was not the engineer's fault , but the fault of deceased ...
... deceased was going to disregard all his warnings until he had given the warnings , and it was then too late to make the stopping of the train effective to avoid the killing . This was not the engineer's fault , but the fault of deceased ...
Página 5
from injuring the deceased , but because he would have thus prevented the deceased from injuring himself by walking into the pilot of the moving locomotive . It is not a reasonable deduction from the conduct of the engineer to say that ...
from injuring the deceased , but because he would have thus prevented the deceased from injuring himself by walking into the pilot of the moving locomotive . It is not a reasonable deduction from the conduct of the engineer to say that ...
Otras ediciones - Ver todas
Reports of Cases Determined in the Courts of Appeal of the State ..., Volumen33 Vista completa - 1917 |
Reports of Cases Determined in the Courts of Appeal of the State ..., Volumen58 Vista completa - 1923 |
Reports of Cases Determined in the Courts of Appeal of the State ..., Volumen34 Vista completa - 1918 |
Términos y frases comunes
affidavit affirmed agreed agreement alimony alleged amount Andrew Glassell answer Appellant assessment attorney averment bank cause of action charge City and County Civil Procedure claim Code Company complaint concurred contract court found cross-complaint damages deceased decree deed defendant defendant's demurrer district ditch easement entitled error evidence executed facts fendant filed finding foreclosure ground instruction interest irrigation issue Judge judgment and order jurisdiction jury land lease lien ment month mortgage motion negligence nonsuit notice objection opinion order denying owner paid parties payment person petition petitioner plaintiff pleaded possession premises prior probative facts provisions purchase question quiet title reason record Redding township Respondent rule San Francisco sold Southern Pacific Railroad statute street sufficient Superior Court supreme court sustained testified testimony therein thereof thereto tickets tion trees trial trust verdict warranted witness
Pasajes populares
Página 208 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2.
Página 793 - A conviction cannot be had on the testimony of an accomplice, unless he is corroborated by other evidence, which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances thereof.
Página 777 - A witness may also be impeached by evidence that he has made, at other times, statements inconsistent, with his present testimony; but before this can be done the statements must be related to him, with the circumstances of times, places, and persons present, and he must be asked whether he made such statements, and if so, allowed to explain them. If the statements be in writing, they must be shown to the witness before any question is put to him concerning them.
Página 260 - No officer or employe in the classified civil service of any city who shall have been appointed under said rules and after said examination, shall be removed or discharged except for cause, upon written charges and after an opportunity to be heard in his own defense.
Página 652 - That a witness false in one part of his testimony is to be distrusted in others.
Página 96 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Página 281 - Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided in section six hundred and eightythree, or unless acquired as community property.
Página 728 - ... be asked whether he has any legal cause to show why judgment should not be pronounced against him.
Página 395 - Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows: 1.
Página 498 - ... ensue on the trial, the plaintiff must, in general, state the particular damage which he has sustained, or he will not be permitted to give evidence of it.