The Pacific Reporter, Volume 89West Publishing Company, 1907 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 21
... contract , and the find- ings are clearly inconsistent with the general verdict . For instance , it has been found that the defendants did not give the machine the three days ' trial ; but , as the test made appears to have developed ...
... contract , and the find- ings are clearly inconsistent with the general verdict . For instance , it has been found that the defendants did not give the machine the three days ' trial ; but , as the test made appears to have developed ...
Page 39
... CONTRACTS - EXEMPTION FROM LIABILITY - VALIDITY . A carrier , though prohibited from exempt- ing itself by contract from liability for negli- gence in performing a service which it is its duty to perform , may , with respect to duties ...
... CONTRACTS - EXEMPTION FROM LIABILITY - VALIDITY . A carrier , though prohibited from exempt- ing itself by contract from liability for negli- gence in performing a service which it is its duty to perform , may , with respect to duties ...
Page 40
... contract at the time such car was derailed , and that plaintiff was thereon as an employé of the Pullman Company . It is further alleged that at the time of the de- railment the plaintiff was in the employ of the Pullman Company in the ...
... contract at the time such car was derailed , and that plaintiff was thereon as an employé of the Pullman Company . It is further alleged that at the time of the de- railment the plaintiff was in the employ of the Pullman Company in the ...
Page 41
... contract from liability for negligently per- forming a service which it is its duty to per- form . Russell v ... contract , and in such cases the liability of the car- rier to one injured by its negligence will de- pend upon the terms of ...
... contract from liability for negligently per- forming a service which it is its duty to per- form . Russell v ... contract , and in such cases the liability of the car- rier to one injured by its negligence will de- pend upon the terms of ...
Page 42
... contracts similar to those presented in the case at bar . An express company had entered into a contract with a railway com- pany to furnish it cars for the transaction of its express business , to be transported by its fast passenger ...
... contracts similar to those presented in the case at bar . An express company had entered into a contract with a railway com- pany to furnish it cars for the transaction of its express business , to be transported by its fast passenger ...
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Common terms and phrases
action affirmed alleged amended amount answer appellant attorney Bank Bernalillo county bond cattle cause cause of action Cent charge claim Colo common carrier complaint concur contract corporation counsel decree deed defendant defendant's demurrer dence denied district court employé entitled estoppel evidence executed fact favor fendant filed habeas corpus held injury instructions interest issue Judge judgment jurisdiction jury land liability matter ment mortgage motion negligence Note.-For notice opinion owner paid parties payment person petition plaintiff in error pleadings possession proceedings Pullman Company purchase purpose question quiet title reason record recover respondent rule statement statute sufficient Superior Court Supreme Court surety sustained territory testator testified testimony thereof tide lands tiff tion trial court verdict Wash Washoe County Wickard witness writ
Popular passages
Page 277 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Page 292 - ... to be arrested and secured and to cause notice of the arrest to be given to the executive authority making such demand or to the agent of such authority appointed to receive the fugitive and to cause the fugitive to be delivered to such agent when he shall appear.
Page 26 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question...
Page 380 - ... devise, legacy, estate, interest, gift or appointment of, or affecting any real or personal estate...
Page 18 - ... keep the word of promise to the ear, and break it to the hope" — we have presumed to court the assistance of the friends of the drama to strengthen our infant institution.
Page 112 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...
Page 30 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 290 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 50 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 428 - By any act which discharges the instrument; 2. By the intentional cancellation of his signature by the holder; 3. By the discharge of a prior party; 4.