Reports of Cases Determined by the Supreme Court of the State of Missouri, Volumen247E.W. Stephens, 1913 |
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Página 16
... jury , all the parties to said cause waiving a jury , the cause is submitted to the court upon the pleadings and evidence for final determina- tion and judgment . The court finds the allegations of plaintiff's petition charging ' that ...
... jury , all the parties to said cause waiving a jury , the cause is submitted to the court upon the pleadings and evidence for final determina- tion and judgment . The court finds the allegations of plaintiff's petition charging ' that ...
Página 73
... jury that they may presume a certain thing to be true when testimony in the case tends to prove or disprove that thing ; they authorized the jury to assume deceased was in the exercise of ordinary care only upon condition that they also ...
... jury that they may presume a certain thing to be true when testimony in the case tends to prove or disprove that thing ; they authorized the jury to assume deceased was in the exercise of ordinary care only upon condition that they also ...
Página 75
... jury the peremptory instruc- tion at the close of the entire case . ( a ) There was no evidence of negligence on the part of the Richmond Safety Gate Company . Courter v . Mercantile Co. , 136 Mo. App . 517 ; Ryan v . McCully , 123 Mo ...
... jury the peremptory instruc- tion at the close of the entire case . ( a ) There was no evidence of negligence on the part of the Richmond Safety Gate Company . Courter v . Mercantile Co. , 136 Mo. App . 517 ; Ryan v . McCully , 123 Mo ...
Página 77
... jury did not have to believe a witness even if his evidence is not contradicted . Rinehart v . Railroad , 204 Mo. 276 ; Porter v . Stock Yards , 213 Mo. 372 ; Gannon v . Gas Co. , 145 Mo. 503 ; Gregory v . Chambers , 78 Mo. 298 ...
... jury did not have to believe a witness even if his evidence is not contradicted . Rinehart v . Railroad , 204 Mo. 276 ; Porter v . Stock Yards , 213 Mo. 372 ; Gannon v . Gas Co. , 145 Mo. 503 ; Gregory v . Chambers , 78 Mo. 298 ...
Página 88
... jury , an instruction in the nature of a demurrer to the evidence . The giving of this in- struction eliminated the Gloyds from the case , and there was no appeal as to them . Also , at the close of the entire case , each of the ...
... jury , an instruction in the nature of a demurrer to the evidence . The giving of this in- struction eliminated the Gloyds from the case , and there was no appeal as to them . Also , at the close of the entire case , each of the ...
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Términos y frases comunes
aforesaid alleged American Tobacco American Tobacco Co appellant attorney authority bill Buchanan county cars cause of action champerty charge charter circuit court city of St Constitution construction contract corporation counsel count creditors crossing damages debts deceased deed defendant defendant's dollars duty election elevator Elliott W evidence ex inf ex rel fact fendant filed Foley fraud freight held highways Himmelberger homestead Hutchinson injury instruction Judge judgment jury land liability Louis Lucius D ment Millinery Missouri Pacific Missouri Pacific Railway Montgomery Ward motion negligence Oak Hill Old Manchester road opinion ordinance pany party petition plaintiff Platt pleadings power of attorney question Railroad railroad company Railway Company reason record respondent Richard Foley Rosenthal rule statute street Taylor testified testimony thereof tion Tower Grove avenue tracks transfer table Transit Company trial court United Railways verdict vertical curves witness
Pasajes populares
Página 440 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power vested in them by the constitution may think necessary and expedient.
Página 550 - Such compensation shall be ascertained by a jury or board of commissioners of not less than three freeholders, in such manner as may be prescribed by law; and until the same shall be paid to the owner, or into court for the owner, the property shall not be disturbed or the proprietary rights of the owner therein di606] vested. The fee of land taken for railroad tracks without consent of the owner thereof, shall remain in such owner subject to the use for which it is taken.
Página 288 - ... shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the governor until it shall be supplied at the next general election of judges, when it shall be filled by election for the residue of the unexpired term.
Página 463 - Ed. 269, this court declared it to be thoroughly established that the inhibitions of the Constitution of the United States upon the impairment of the obligation of contracts, or the deprivation of property without due process or of the equal protection of the laws, by the states, are not violated by the legitimate exercise of legislative power in securing the public safety, health, and morals. "The governmental power of self-protection...
Página 427 - To construct their road across, along, or upon any stream of water, water-course, street, highway, plank road, turnpike or canal, which the route of its road shall intersect or touch; but the company shall restore the stream or watercourse, street, highway, plank road and turnpike thus intersected or touched, to its former state, or to such state as not unnecessarily to have impaired its usefulness.
Página 214 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Página 436 - ... along, across, under or over, any public or private highway, road, street, plankroad, or railroad, if the same shall be necessary; but the said company shall put such highway, road, street, plankroad, or railroad, in such condition and state of repair as not to impair or interfere with its free and proper use.
Página 214 - Defendant demurred to the complaint on the ground that the facts stated were not sufficient to constitute a cause of action. The...
Página 88 - Also at the close of the entire case each of the appellants asked an instruction in the nature of a demurrer to the evidence, which the court refused...
Página 443 - In the latter case it was held that uncompensated obedience to a regulation enacted for the public safety under the police power of the state was not taking property without due compensation.