The Southern Reporter, Volume 43

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West Publishing Company, 1907 - Law reports, digests, etc
 

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Page 453 - 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.
Page 298 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Page 107 - The company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the company for transmission.
Page 285 - States, as a day of thanksgiving, or fasting and prayer, or other religious observance, shall, for all purposes whatever as regards the presenting for payment or acceptance, and of the protesting and giving notice of the dishonor of" bills of exchange, bank checks and promissory notes, made after the passage of this act, be treated and considered as the first day of the week, commonly called Sunday...
Page 350 - 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...
Page 418 - I (AB) do solemnly swear (or affirm) that I will support the constitution and laws of the United States and the constitution and laws of this State ; and that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my ability and understanding. So help me God.
Page 382 - ordinary care,' ' reasonable prudence,' and such like terms as applied to the conduct and affairs of men have a relative significance, and cannot be arbitrarily defined. What may be deemed ordinary care in one case may, under different surroundings and circumstances, be gross negligence. The policy of the law has relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note the special circumstances and surroundings of each...
Page 307 - The tax provided for in the preceding article shall not be enforced when the property donated or inherited shall have borne its just proportion of taxes prior to the time of such donation or inheritance.
Page 11 - Where the trial judge, on behalf of the state, instructed the jury that if they "believe from the evidence in this case beyond a reasonable doubt that the defendant . . . deliberately murdered the deceased, ... as charged in the indictment herein, then the jury should find the defendant guilty as charged," with instructions as to the form of the verdict, it was held in Upton v.
Page 299 - ... whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public, shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.

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