The Pacific Reporter, Volume 89West Publishing Company, 1907 - Law reports, digests, etc |
From inside the book
Results 1-5 of 98
Page 39
negligence in failing to protect his rights , and not by the omission of any duty which the plaintiff owed him . It is also urged on behalf of appellant that , because plaintiff held the stock and realized from the sale thereof and ...
negligence in failing to protect his rights , and not by the omission of any duty which the plaintiff owed him . It is also urged on behalf of appellant that , because plaintiff held the stock and realized from the sale thereof and ...
Page 41
... negligence in the transaction of its busi- ness . On the other hand , with respect to du- ties which it is under no obligation to per- form , it may limit its liability by contract , and in such cases the liability of the car- rier to ...
... negligence in the transaction of its busi- ness . On the other hand , with respect to du- ties which it is under no obligation to per- form , it may limit its liability by contract , and in such cases the liability of the car- rier to ...
Page 42
... negligence of the railroad company , and to execute and deliver to the railroad company a release of all claims and demands and causes of action arising out of , or in any manner connected with , his em- ployment by the express company ...
... negligence of the railroad company , and to execute and deliver to the railroad company a release of all claims and demands and causes of action arising out of , or in any manner connected with , his em- ployment by the express company ...
Page 44
... negligence should be confined to the narrowest possible limits , and per- haps no general rule can be formulated which would serve as a test in determining the validity of special contracts between carriers and others by which the ...
... negligence should be confined to the narrowest possible limits , and per- haps no general rule can be formulated which would serve as a test in determining the validity of special contracts between carriers and others by which the ...
Page 53
... negligent . 4. SAME -- CITY ORDINANCES . On an issue of negligence in leaving de- fendant's team unrestrained in a city street , except by a 56 - pound weight , a city ordinance imposing a penalty on any person who leaves a horse or ...
... negligent . 4. SAME -- CITY ORDINANCES . On an issue of negligence in leaving de- fendant's team unrestrained in a city street , except by a 56 - pound weight , a city ordinance imposing a penalty on any person who leaves a horse or ...
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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 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 380 - ... devise, legacy, estate, interest, gift or appointment of, or affecting any real or personal estate...
Page 110 - Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in: 1.
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 105 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
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 26 - 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 actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Page 50 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 105 - And no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy, except such as by the terms of this policy may be the subject of agreement...