The South Western Reporter, Volume 125
West Publishing Company, 1910 - Law reports, digests, etc
Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas.
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action affirmed agent alleged amount answer appellant appellee assignment authority bank believe building cause Cent charge circuit court claim condition contract conviction corporation court Criminal damages danger deed defendant directed district duty effect engine entered error evidence execution facts failed favor filed fire follows further give given ground guilty held injury instruction issue Judge judgment jury land master ment motion negligence Note Note.-For notice objection operating owner paid parties passed payment person petition plaintiff possession present purchaser question railroad reason received record recover refused rendered reversed road rule servant statement statute sufficient suit sustained taken testified testimony Texas tion track train trial verdict wife witness
Page 4 - 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 154 - A person operating a motor vehicle shall, at request or on signal by putting up the hand, from a person riding, leading or driving a restive horse or horses, or other draft animals, bring such motor vehicle immediately to a stop, and, if traveling in the opposite direction, remain stationary so long as may be reasonable to allow such horse or animal...
Page 397 - Code provides that a conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof...
Page 223 - What constitutes a holder in due course. — A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title...
Page 242 - The court must, in every stage of an action, disregard any error or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect.
Page 161 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Page 417 - the indictment must contain: (1) the title of the prosecution, specifying the name of the court, in which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended...
Page 417 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 154 - ... to pass, and if traveling in the same direction, use reasonable caution in thereafter passing such horse or animal; provided that, in case such horse or animal appears badly frightened or the person operating such motor vehicle is...