The Texas Civil Appeals Reports: Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas, Volumen29State of Texas, 1903 Cases argued and determined in the Courts of Civil Appeals of the State of Texas. |
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Página 12
... given by another , and the deceased was struck , and the evidence was conflicting as to whether it was arranged by him with others that the signals should be so given at such a time , and as to whether it was the custom there to so give ...
... given by another , and the deceased was struck , and the evidence was conflicting as to whether it was arranged by him with others that the signals should be so given at such a time , and as to whether it was the custom there to so give ...
Página 13
... given by one Fewell , and that his coemployes were neg- ligent in taking the signal from Fewell , but should have ... given ; that the signal that was given was usual and customary and one that deceased knew would be given in doing the ...
... given by one Fewell , and that his coemployes were neg- ligent in taking the signal from Fewell , but should have ... given ; that the signal that was given was usual and customary and one that deceased knew would be given in doing the ...
Página 14
... given the signal or knowing it had been given . That though expressly warned by the rules to look out for signals , take no risks , etc. , he failed to take these precautions and therefore was the cause of his own injury . This ...
... given the signal or knowing it had been given . That though expressly warned by the rules to look out for signals , take no risks , etc. , he failed to take these precautions and therefore was the cause of his own injury . This ...
Página 15
... given and obeyed about the time Hill undertook the uncoupling , and that no one knew his position or just what he was doing at that time . It is also true that the signal was given without warning to him and without knowledge that the ...
... given and obeyed about the time Hill undertook the uncoupling , and that no one knew his position or just what he was doing at that time . It is also true that the signal was given without warning to him and without knowledge that the ...
Página 16
... given by him he need not have looked out for a signal which he had no reason to expect . It was shown that the acts of Fewell made no change in the pro- gramme as to the kicking of the car , as the kick signal must have been given at ...
... given by him he need not have looked out for a signal which he had no reason to expect . It was shown that the acts of Fewell made no change in the pro- gramme as to the kicking of the car , as the kick signal must have been given at ...
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Términos y frases comunes
acres affirmed agent alleged amount appellant appellant's appellee appellee's application assignment of error ASSOCIATE JUSTICE.-This attorney Bexar County bond certificate charge claim Commissioner complained contract contributory negligence conveyance conveyed County Court court erred damages debt Decided April deed defendant defendant's depot duty employes engine entitled execution fact favor filed foreclosure Fort Worth Harris County heirs held homestead Houston indorsed injuries interest issue judgment Land Office lease Levy liable ment mortgage nunc pro tunc opinion overruled paid parties payment person petition plaintiff in error pleadings possession Presidio County proof purchase question railroad Railway Company reason record recover remanded rendered reversed S. W. Rep shown sold statute sued suit surety sustained testified testimony Texas Texas & Pacific thereon tion track tract train trial court Tried try title usurious verdict wife witness Writ of error
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Página 205 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Página 204 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine...
Página 584 - J., observed that in order for it to apply "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.
Página 126 - To have and to hold all and singular the premises before mentioned unto the said CD, his heirs and assigns forever. And I do hereby bind myself, my heirs, executors and administrators, to warrant and forever defend all and singular the said premises unto the said CD, his heirs and assigns, against myself and my heirs, and against every person whomsoever lawfully claiming or to claim the same, or any part thereof.
Página 372 - Contractor he shall not be entitled to receive any further payment under this contract until the said work shall be wholly finished, at which time, if the unpaid balance of the amount to be paid under this contract shall exceed the expense incurred by the...
Página 59 - No person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person; and, when taken, except for the use of the State, such compensation shall be first made, or secured by a deposit of money...
Página 65 - Company to recover damages for personal injuries received by the plaintiff while In the employ of the defendant...
Página 499 - No oral or written misrepresentation or warranty made in the negotiation for a contract or policy of insurance by the insured or in his behalf, shall be deemed material or defeat or avoid the policy or prevent its attaching unless such misrepresentation or warranty deceived the company to its injury.
Página 236 - The plea was the general issue. The case was tried by a jury, who returned a verdict in favor of the plaintiffs below, the judgment on which is brought into review by this writ of error.
Página 456 - ... shall have the same force and effect to all intents and purposes as if such assent had been filed within one year after the passage of said act...