Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 101 |
From inside the book
Results 1-5 of 97
Page 2
... evidence . — To justify a review by the appellate court of a ruling by the trial court upon the admissibility of evidence , the record must show affirmatively that the trial court made a ruling , which was excepted to at the time , or ...
... evidence . — To justify a review by the appellate court of a ruling by the trial court upon the admissibility of evidence , the record must show affirmatively that the trial court made a ruling , which was excepted to at the time , or ...
Page 35
... evidence that this negligence did not contrib- ute to plaintiff's injury , " it will not prevent his recovery , asserts a correct proposition , and is properly given . 5. Charge as to evidence of brakeman not setting switch . - A charge ...
... evidence that this negligence did not contrib- ute to plaintiff's injury , " it will not prevent his recovery , asserts a correct proposition , and is properly given . 5. Charge as to evidence of brakeman not setting switch . - A charge ...
Page 36
... evidence . — A charge which singles out any particular part of the evidence and bases a conclusion of law upon it , gives undue prominence to this portion of the evidence , is calcu- lated to mislead the jury , and is properly refused ...
... evidence . — A charge which singles out any particular part of the evidence and bases a conclusion of law upon it , gives undue prominence to this portion of the evidence , is calcu- lated to mislead the jury , and is properly refused ...
Page 45
... evidence , which showed that plaintiff was guilty of proximate contributory neg- ligence , and in an affirmative charge the court instructed the jury at the request of the defendant , as a matter of law , " that if the jury believed the ...
... evidence , which showed that plaintiff was guilty of proximate contributory neg- ligence , and in an affirmative charge the court instructed the jury at the request of the defendant , as a matter of law , " that if the jury believed the ...
Page 46
... evidence to show that defendant negligently failed to use preventive effort after discover- ing plaintiff's peril , and that such negligence caused the injury . Whether the evidence was sufficient to authorize the plaintiff to recover ...
... evidence to show that defendant negligently failed to use preventive effort after discover- ing plaintiff's peril , and that such negligence caused the injury . Whether the evidence was sufficient to authorize the plaintiff to recover ...
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Common terms and phrases
action adverse possession Alabama Alabama Midland Railway alleged Amer amount Anniston appeal appellee appointment assigns as error Asso Austin authority averred bank bill of exceptions Birmingham bond cause chancery court charge circuit court city court claim Clay county Code coke complainant contract conveyance conveyed corporation court of equity creditors damages debt debtor decree deed defendant defendant's demurrer detinue duly excepted duty employés engine equity evidence executed facts fendant filed freight ground Hull Coal husband indebtedness injury interest intestate issue judgment jury Keyland land lease liable lien ment Montgomery Moog mortgage negligence overruled paid parties payment person plaintiff plea possession probate court prosecution provisions purchase question railroad recover refused rendered rule secure Sheffield shown statute statutory stockholders sued suit Talladega county Tennessee River testified thereof tion train trial wife witness
Popular passages
Page 8 - ... a question of fact for the jury, and not of law for the court.
Page 65 - No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
Page 534 - No law shall be revived, amended, or the provisions thereof extended, or conferred by reference to its title only, but so much thereof as is revived, amended, extended, or conferred, shall be reenacted, and published at length.
Page 495 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Page 64 - ... power of the State shall be vested in the Senate sitting as a court of impeachment, a Supreme Court, Circuit Courts, Chancery Courts, Courts of Probate, such...
Page 63 - The powers of the government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit : Those which are legislative to one, those which are executive to another, and those which are judicial to another...
Page 528 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void * * * if the interest of the insured be other than unconditional and sole ownership...
Page 307 - The statutes excluded from judicial favor, and subjected to this strictness of judicial construction — statutes which may be properly denominated retrospective, are such as take away or impair vested rights, acquired under existing laws, or create a new obligation, impose a new duty, or attach a new disability, in respect to transactions or considerations already past.
Page 526 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 64 - SECTION 1. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the Governor of the State of California.