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action affirmed agreed alleged amount answer appellant appellee application assignment authority bond cause charge Civil claim condition considered construction continued contract court damages deed defendant Digests direct district duty effect entered error evidence exceptions executed facts filed follows further give given grant ground held hold injury instruction insured interest issue Judge judgment jury Key-Numbered land liability lien matter ment motion necessary negligence notes operation opinion original owner paid parties person petition plaintiff present purchase question railroad reason received record recover reference refused rendered reversed rule side sold statute sufficient suit sustained testified testimony Texas tion track tract train trial trial court verdict wife witness
Página 349 - 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...
Página 344 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Página 369 - A private person may arrest another: 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony, although not in his presence. 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
Página 401 - J., observed that in order for it to apply "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 defendants, that the accident arose from want of care.
Página 78 - Facility of Payment" clause in the policy which provided that, "The company may make any payment provided for in this policy to any relative by blood or connection by marriage of the insured, or to any other person appearing to said company to be equitably entitled to the same by reason of having incurred expense on behalf of the insured, for his or her burial, or, if the insured be more than fifteen years of age at the date of this policy, for any other purpose...
Página 348 - ... shall have been continuously on duty for sixteen hours he shall be relieved and not required or permitted again to go on duty until he has had at least ten consecutive hours off duty...
Página 349 - That no operator, train dispatcher, or other employee who by the use of the telegraph or telephone dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements...
Página 462 - Lenard, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
Página 171 - But when it is certain that damages have been caused by a breach of contract, and the only uncertainty is as to their amount, there can rarely be good reason for refusing, on account of such uncertainty, any damages whatever for the breach. A person violating his contract should not be permitted entirely to escape liability because the amount of the damages which he has caused is uncertain.