The Pacific Reporter, Volume 173West Publishing Company, 1918 |
From inside the book
Results 1-5 of 100
Page 9
... negligence upon which plaintiff's right to recover is based is that it gave the plaintiff a stick of dynamite of a more sensitive grade than that for which he asked , with the result that while tamping it in preparation for a blast it ...
... negligence upon which plaintiff's right to recover is based is that it gave the plaintiff a stick of dynamite of a more sensitive grade than that for which he asked , with the result that while tamping it in preparation for a blast it ...
Page 42
... negligence is charged in the performance of a governmental duty . Kincaid v . Seattle , 74 Wash . 617 , 134 Pac . 504 , 135 Pac . 820. The constitutional provision must have been in- tended to protect all the essential elements of ...
... negligence is charged in the performance of a governmental duty . Kincaid v . Seattle , 74 Wash . 617 , 134 Pac . 504 , 135 Pac . 820. The constitutional provision must have been in- tended to protect all the essential elements of ...
Page 43
... negligent acts " -is erroneous , for it leaves the jury to de- termine whether or not the material was neg- ligently placed , when there is no evidence of negligence ; it having been admitted that every portion of the work was done in a ...
... negligent acts " -is erroneous , for it leaves the jury to de- termine whether or not the material was neg- ligently placed , when there is no evidence of negligence ; it having been admitted that every portion of the work was done in a ...
Page 85
TRIBUTORY NEGLIGENCE JURY . 289 ( 25 ) - CON- QUESTION FOR v . Smee , 130 Ala . 601 , 30 South . 483 ; Loyd 15. MASTER AND SERVANT v . Oates , 143 Ala . 231 , 38 South . 1022 , 111 Am . St. Rep . 39. On similar considerations , it must ...
TRIBUTORY NEGLIGENCE JURY . 289 ( 25 ) - CON- QUESTION FOR v . Smee , 130 Ala . 601 , 30 South . 483 ; Loyd 15. MASTER AND SERVANT v . Oates , 143 Ala . 231 , 38 South . 1022 , 111 Am . St. Rep . 39. On similar considerations , it must ...
Page 86
... negligence . He was still enti- tled to recover , if his contributory negligence was slight and that of the employer was gross in comparison ; the jury being permit- ted to diminish the damages " in proportion these were carried out ...
... negligence . He was still enti- tled to recover , if his contributory negligence was slight and that of the employer was gross in comparison ; the jury being permit- ted to diminish the damages " in proportion these were carried out ...
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affirmed agreement alleged amended amount appellant applied assessment Bank bond cause of action charge claim Cleveland county Code Colo complaint concur contended contract contributory negligence corporation damages deceased decree deed defendant's demurrer denied Digests and Indexes District Court EMINENT DOMAIN employé entitled estoppel evidence fact fendant filed findings held Idaho injury instruction interest issue Judge judgment jurisdiction jury Key-Numbered Digests King County land Le Flore county liability lien mandamus ment mortgage motion negligence notice opinion owner paid parties payment person petition petitioner plain plaintiff in error pleadings proceedings purchase purpose question railroad reason received recover Rehearing remittitur respondent rule Stat statute Superior Court Supreme Court surety testified testimony thereof tiff tion topic and KEY-NUMBER trial court trust Utah verdict Wash witness writ Рас
Popular passages
Page 350 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 400 - When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 379 - All property, not exempted from taxation by this Constitution, shall be assessed for taxation at its fair cash value, estimated at the price it would bring at a fair voluntary sale...
Page 74 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Page 101 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 378 - The fundamental rule in construing statutes is to ascertain and give effect to the intention of the legislature.
Page 313 - ... 1. Actual annexation to the realty, or something appurtenant thereto. 2. Appropriation to the use or purpose of that part of the realty with which it is connected. 3. The intention of the party making the annexation, to make the article a permanent accession to the freehold...
Page 73 - ... sometimes by considering the cause and necessity of making the act, sometimes by comparing one part of the act with another, and sometimes by foreign circumstances. So that they have ever been guided by the intent of the legislature, which they have always taken according to the necessity of the matter and according to that which is consonant to reason and good discretion.
Page 99 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than...
Page 226 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.