The Southeastern Reporter, Volume 59West Publishing Company, 1908 - Law reports, digests, etc |
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Page 58
2. SAME PROOF . DELAY DAMAGES BURDEN OF Where a consignee seeks to charge a car- rier with liability by way of damages or statu- tory penalty for delay , the burden is on the con- signee to show that the goods were not trans- ported ...
2. SAME PROOF . DELAY DAMAGES BURDEN OF Where a consignee seeks to charge a car- rier with liability by way of damages or statu- tory penalty for delay , the burden is on the con- signee to show that the goods were not trans- ported ...
Page 67
... DAMAGES . Where a person bought flour on the faith of an erroneous telegram in which it was offered at $ 4.30 per barrel , instead of $ 4.60 as intended by the sender , and afterwards had to pay the higher price for the same flour , the ...
... DAMAGES . Where a person bought flour on the faith of an erroneous telegram in which it was offered at $ 4.30 per barrel , instead of $ 4.60 as intended by the sender , and afterwards had to pay the higher price for the same flour , the ...
Page 68
... damages for breach of contract , is generally accepted : " The general rule as to damages for breach of a contract is , that the plaintiff is to be compensated for the difference of his position from what it would have been if the ...
... damages for breach of contract , is generally accepted : " The general rule as to damages for breach of a contract is , that the plaintiff is to be compensated for the difference of his position from what it would have been if the ...
Page 69
... damages , and still recover actual damages on proof supporting the charge of neg- ligent injury . 2. SAME - DAMAGES . If an act is one for which there can be no recovery unless it was done either negligently or willfully , and plaintiff ...
... damages , and still recover actual damages on proof supporting the charge of neg- ligent injury . 2. SAME - DAMAGES . If an act is one for which there can be no recovery unless it was done either negligently or willfully , and plaintiff ...
Page 71
... damages , it eliminated all evidence as to the entry being made with insult , and objections to the compe- tency of such evidence need not be considered . [ Ed . Note . - For cases in point , see Cent . Dig . vol . 3 , Appeal and Error ...
... damages , it eliminated all evidence as to the entry being made with insult , and objections to the compe- tency of such evidence need not be considered . [ Ed . Note . - For cases in point , see Cent . Dig . vol . 3 , Appeal and Error ...
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Popular passages
Page 347 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 366 - Fellows, and to their heirs and assigns, all that tract or parcel of land situate, lying and being in the county of...
Page 394 - In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
Page 279 - I hereby agree to accept, and which shall not take effect until the first premium shall have been paid, during my continuance in good health, and the policy shall have been signed by the secretary of the company and issued.
Page 353 - It is apparent that the mere fact of classification is not sufficient to relieve a statute from the reach of the equality clause of the fourteenth amendment, and that in all cases it must appear, not only that a classification has been made, but also that it is one based upon some reasonable ground — some difference which bears a just and proper relation to the attempted classification — and is not a mere arbitrary selection.
Page 370 - The doctrine of fellow-servant, so far as it affects the liability of the master for injuries to his servant, resulting from the acts or omissions of any other servant or servants of the common master, is...
Page 347 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 39 - The General Assembly is hereby empowered to enact that every child of sufficient mental and physical ability shall attend the public schools during the period between the ages of six and eighteen years for a term of not less than sixteen months, unless educated by other means.
Page 116 - The rule of law is clear that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 21 - Thou shalt not bring the hire of a whore, or the price of a dog, into the house of the LORD thy God for any vow : for even both these are abomination unto the LORD thy God.