The Southwestern Reporter, Volume 185West Publishing Company, 1916 - Law reports, digests, etc |
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Common terms and phrases
affidavit affirmed alimony alleged amount APPEAL AND ERROR appellant appellant's appellee April 19 attorney authority bank bill bond cause of action Cent charge circuit court Civil Appeals claim complained contract contributory negligence corporation county court Court of Civil CRIMINAL LAW damages deceased deed defendant defendant's Digests and Indexes district duty election engine evidence facts favor fendant filed held injury instruction interest issue judge judgment jurisdiction jury Key-Numbered Digests land lien Louis Mack Garner ment motion negligence Note.-For opinion overruled paid parties payment person petition plaintiff pleaded probate court purchase question railroad Railway reason record recover rendered reversed reversible error rule statute suit Supreme Court sustained testator testified testimony thereof tion topic and KEY-NUMBER track trial court ultra vires usury verdict void wife witness
Popular passages
Page 302 - The question always is, was there an unbroken connection between the wrongful act and the injury, a continuous operation ? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Page 265 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Page 403 - 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 302 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 309 - A trust is a combination of capital, skill or acts by two or more persons...
Page 303 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence ; such a consequence as, under the surrounding circumstances of the case, might and ought to have been seen by the wrongdoer as likely to flow from his act.
Page 8 - Provided, however, that the provisions of this section shall not be construed to prevent any lawfully authorized practitioner of medicine from furnishing or prescribing in good faith for the use of...
Page 374 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 302 - In the nature of things, there is in every transaction a succession of events, more or less dependent upon those preceding, and it is the province of a jury to look at this succession of events or facts, and ascertain whether they are naturally and probably connected with each other by a continuous sequence, or are dissevered by new and independent agencies, and this must be determined in view of the circumstances existing at the time.
Page 278 - After all the evidence had been submitted, the defendant below asked the court to instruct the jury that the plaintiff was not entitled to recover because...