The Pacific Reporter, Volume 160West Publishing Company, 1917 "Comprising all the decisions of the Supreme Courts of California, Kansas, Oregon, Washington, Colorado, Montana, Arizona, Nevada, Idaho, Wyoming, Utah, New Mexico, Oklahoma, District Courts of Appeal and Appellate Department of the Superior Court of California and Criminal Court of Appeals of Oklahoma." (varies) |
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Page 16
... negligence consists in the violation of the duty to know under such circumstances what he should have known and refrained from causing the injury . Bishop v . Weber , supra . [ 4 ] Respondent , having pleaded the facts , was not ...
... negligence consists in the violation of the duty to know under such circumstances what he should have known and refrained from causing the injury . Bishop v . Weber , supra . [ 4 ] Respondent , having pleaded the facts , was not ...
Page 17
... negligence it comes to the same history of the case as detailed to them by thing . It sounds in tort . From the dealer's , respondent . It is asserted that this should and especially the manufacturer's , better have been excluded as ...
... negligence it comes to the same history of the case as detailed to them by thing . It sounds in tort . From the dealer's , respondent . It is asserted that this should and especially the manufacturer's , better have been excluded as ...
Page 51
... NEGLIGENCE . " Three essential elements are necessary to constitute " actionable negligence " where the wrong is not willful and intentional , namely : ( 1 ) The existence of a duty upon the part of the defendant to protect the ...
... NEGLIGENCE . " Three essential elements are necessary to constitute " actionable negligence " where the wrong is not willful and intentional , namely : ( 1 ) The existence of a duty upon the part of the defendant to protect the ...
Page 52
... negligence here . If there be any negligence attributable to the company , the same is due to the fact that the conductor informed the plaintiff that the train would remain at Wardville 45 minutes , and that the conductor attempted to ...
... negligence here . If there be any negligence attributable to the company , the same is due to the fact that the conductor informed the plaintiff that the train would remain at Wardville 45 minutes , and that the conductor attempted to ...
Page 55
... negligence , but upon the contrary affirmatively shows that the injury was caused by accidental means . Negligence is an affirmative fact to be established by the evidence . It cannot be presumed . In C. , R. I. & P. Ry . Co. v . Duran ...
... negligence , but upon the contrary affirmatively shows that the injury was caused by accidental means . Negligence is an affirmative fact to be established by the evidence . It cannot be presumed . In C. , R. I. & P. Ry . Co. v . Duran ...
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Common terms and phrases
affirmed agreement alleged amount APPEAL AND ERROR appellee attorney authority Bank bill of lading building cause of action Cent charge claim Commission commissioners complaint constitute contract contributory negligence corporation counsel damages deed defendant in error defendant's demurrer Digests and Indexes district court employé estoppel evidence executed fact fendant filed fraud held injury instruction Judge judgment jurisdiction jury Key-Numbered Digests King County Latah county lease lessee lessor liable lien Lumber ment mortgage motion Muskogee negligence Note.-For opinion owner paid parties payment person petition plaintiff in error pleadings premises proceedings purchase question railroad reason record respondent Roy Buchanan rule shore lands statute Supreme Court sustained testified testimony thereof tiff tion topic and KEY-NUMBER trial court trust Utah verdict Warren Smith Wash wife witness
Popular passages
Page 158 - It need not have been foreseen or expected, but after the event, it must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a rational consequence.
Page 227 - State, subject only to the two restrictions, that the taxation shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State, and that the shares of any national banking association owned by non-residents of any State shall be taxed in the city or town where the bank is located, and not elsewhere.
Page 301 - No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner...
Page 99 - Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty.
Page 157 - Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises out of...
Page 12 - An absolute and unconditional renunciation of his rights against the principal debtor made at or after the maturity of the instrument discharges the instrument. But a renunciation does not affect the rights of a holder in due course without notice. A renunciation must be in writing, unless the instrument is delivered up to the person primarily liable thereon.
Page 47 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3. The suppression of that which is true, by one having knowledge or belief of the fact; 4. A promise made without any intention of performing it; or, 5. Any other act fitted to deceive.
Page 124 - Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery.
Page 254 - That plaintiff is informed and believes and upon such information and belief alleges the fact to be that...
Page 349 - If the demurrer be allowed, the judgment is final upon the indictment demurred to, and is a bar to another prosecution for the same offense, unless the court, being of opinion that the objection on which the demurrer is allowed may be avoided in a new indictment, direct the case to be re-submitted to the same or another grand jury.