United States Circuit Courts of Appeals Reports: With Key-number Annotations ... V. 1-171 [1891-1919].West, 1902 |
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Страница 67
... plaintiff , the burden of proof was on plaintiff to show that he was injured while rescuing his brother from imminent danger in which he was placed by defendant's negligence , and that he received such injuries while on the turntable ...
... plaintiff , the burden of proof was on plaintiff to show that he was injured while rescuing his brother from imminent danger in which he was placed by defendant's negligence , and that he received such injuries while on the turntable ...
Страница 68
... plaintiff injured by the negligence of the defendant , as alleged in the complaint ? Second , did the plaintiff contribute to his injury by his negligence ? Third , what damages , if any , is the plaintiff entitled to recover ? After ...
... plaintiff injured by the negligence of the defendant , as alleged in the complaint ? Second , did the plaintiff contribute to his injury by his negligence ? Third , what damages , if any , is the plaintiff entitled to recover ? After ...
Страница 69
... plaintiff , there would have been no error if he had directed a verdict . He intimated an intention to do so when plaintiff took a nonsuit . Was this error ? The allegations in the complaint are that George , a brother of the plaintiff ...
... plaintiff , there would have been no error if he had directed a verdict . He intimated an intention to do so when plaintiff took a nonsuit . Was this error ? The allegations in the complaint are that George , a brother of the plaintiff ...
Страница 70
... plaintiff's allegations ? to justify a verdict in the affirmative on the issue , was plaintiff injured by the negligence of defendant ? The trial judge thought not . This court concurs in that opinion . An affirmative answer to the ...
... plaintiff's allegations ? to justify a verdict in the affirmative on the issue , was plaintiff injured by the negligence of defendant ? The trial judge thought not . This court concurs in that opinion . An affirmative answer to the ...
Страница 71
... plaintiff , who was a passenger on one of the trains , was greatly injured and damaged . It is not denied that the collision took place at the time and place alleged in the plaintiff's complaint , in the state of North Carolina ; that ...
... plaintiff , who was a passenger on one of the trains , was greatly injured and damaged . It is not denied that the collision took place at the time and place alleged in the plaintiff's complaint , in the state of North Carolina ; that ...
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action adjudication affirmed alleged amount appellee application authority bankrupt bankruptcy Berliner Gramophone bill bonds Caldwell parish Central Ohio Railroad charge Circuit Court Circuit Judge claim coil commissioners complainant conductor contract corporation Court of Appeals court of equity creditors damages decision decree defendant in error defendant's district court District Judge duty Eickemeyer entitled equity evidence fact filed Gramophone Company held injunction injury insolvent intent interest issued jacks judgment jurisdiction jury land liability lien loan ment mortgage negligence North Carolina officers Ohio opinion paid parties passenger patent payment person petition plaintiff in error proceedings purchase purpose question Railroad Co Railroad Company Railway receiver rule Stanly county statute stockholders suit supreme court testimony thereof timber tion train trespasser trial trustee United usury valid vessel Wilkes county
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Страница 527 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.
Страница 516 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment, or other lien shall be deemed wholly discharged and released from the same, and shall pass to the trustee as a part of the estate of the bankrupt...
Страница 96 - ... property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Страница 100 - ... and such article or merchandise is dutiable under the provisions of this act. then upon the importation of any such article or merchandise into the United States, whether the same shall be imported directly from the country of production or otherwise, and...
Страница 528 - And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another.
Страница 69 - This is an action of trespass brought by the defendant in error, against the plaintiff in error, to recover the value of certain property taken by him, in the province of Chihuahua during the late war with Mexico.
Страница 634 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Страница 190 - The conclusion to be deduced from the authorities Is that where power Is given to public officers, In the language of the act before us, or in equivalent language,— whenever, the public Interest or Individual rights call for Its exercise, — the language used, though permissive In form, is in fact peremptory.
Страница 100 - ... from the country of production or otherwise, and whether such article or merchandise is imported in the same condition as when exported from the country of production or has been changed in condition by remanufacture or otherwise, there shall be levied and paid, in all such cases, in addition to the duties otherwise Imposed by this Act, an additional duty equal to the net amount of such bounty or grant, however the same be paid or bestowed.
Страница 341 - Circuit Judges. SANBORN, Circuit Judge, after stating the case as above, delivered the opinion of the court. The...