Reports of Cases Argued and Determined in the Supreme Court of Alabama, Τόμος 37

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Επιλεγμένες σελίδες

Άλλες εκδόσεις - Προβολή όλων

Συχνά εμφανιζόμενοι όροι και φράσεις

Δημοφιλή αποσπάσματα

Σελίδα 255 - ... out of his contract to carry for a reward, namely, that of taking all reasonable care of it, the responsibility of an insurer. From his liability as an insurer, the carrier is only to be relieved by two things, both so well known to all the country when they happen, that no person would be so rash as to attempt to prove that they had happened when they had not — namely, the act of God and the King's enemies.
Σελίδα 255 - He seldom follows or sends any servant with them to the place of their destination. If they should be lost or Injured by the grossest negligence of the carrier or his servants, or stolen by them or by thieves In collusion with them, the owner would be unable to prove either of these causes of loss. His witnesses must be the carrier's servants, and they, knowing that they could not be contradicted, would excuse their masters and themselves.
Σελίδα 261 - The plaintiff requested the court to charge the jury that if they found from the evidence that the...
Σελίδα 144 - Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.
Σελίδα 114 - A free and voluntary confession is deserving of the highest credit, b'ecause it is presumed to flow from the strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers...
Σελίδα 252 - The owner, by entering into the contract, virtually agrees that in respect to the particular transaction, the carrier is not to be regarded as in the exercise of his public employment; but as a private person, who incurs no responsibility beyond that of an ordinary bailee for hire, and answerable only for misconduct or negligence.
Σελίδα 468 - After the above evidence was given, the defendant's counsel prayed the court to instruct the jury, that if they found, from the evidence, that the...
Σελίδα 255 - His witnesses must be the carrier's servants, and they, knowing that they could not be contradicted, would excuse their masters and themselves. To give due security to property, the law has added to that responsibility of a carrier which Immediately...
Σελίδα 561 - The Court of Common Fleas lately held that a corporation might be sued in trespass1 ; but nobody has sought to fix them with acts of immorality. These plainly derive their character from the corrupted mind of the person committing them, and are violations of the social duties that belong to men and subjects. A corporation, which, as such, has no such duties, cannot be guilty in these cases : but it may be guilty as a body corporate of commanding acts to be done to the nuisance of the community at...
Σελίδα 448 - America, to them well and truly paid by the said party of the second part, at and before the ensealing and delivery of these presents, the receipt whereof is...

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