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accused action Affirmed alleged amount answer appeal appellee application asked assessment assignment authority averred bank bill bond called cause charge claim Code complainant constitution contract corporation court damages debt deceased decree deed defendant defendant's denied district duty effect error evidence excepted executed fact fendant filed further give given granted ground held husband indictment interest issue judge judgment jury land matter ment Miss mortgage motion objection opinion paid parish parties person plaintiff plea possession present proceedings proper purchase question railroad reason received record reference refused relator rendered Reversed road rule shown signed South statement statute street sufficient suit Supreme Court taken term testified testimony tion track trial verdict wife witness writ
Σελίδα 349 - ... the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Σελίδα 239 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Σελίδα 155 - These sections of the code are in derogation of the common law, and must be strictly construed.
Σελίδα 35 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Σελίδα 351 - No person shall recover damages from a railroad company for injury to himself or his property, where the same is done by his consent, or is caused by his own negligence. If the complainant and the agents of the company are both at fault, the former may recover, but the damages shall be diminished or increased by the jury in proportion to the amount of default attributable to him.
Σελίδα 30 - The defense interposed and the facts of the case are sufficiently stated in the opinion. ("poii the introduction of all the evidence, the court at the request of the plaintiff gave to the jury the general affirmative charge in her behalf.
Σελίδα 130 - ... yet held that it was powerless to interpose, because the defendant, as a carrier, was under no obligation, at common law, to provide warehouses for freight offered, or station houses for passengers waiting transportation, and no such duty was imposed by the statutes authorizing companies to construct and maintain railroads " for public use in the conveyance of persons and property...
Σελίδα 351 - ... wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Σελίδα 259 - The Jury returned a verdict in favor of the plaintiff, assessing his damages at $7,000. Thereupon the defendant moved the court to set aside the verdict of the jury, upon the ground, among others, that the verdict was excessive and contrary to the evidence.
Σελίδα 183 - This statute is commanding, and requires the defendant at its peril to keep the couplers in such condition that the men whose business it is to couple them will not be required to go between the cars to do it ; and if you believe from all the evidence in this case that they were so out of order that they could not be coupled without men going between the cars to do the coupling, then the defendant would be guilty under this declaration, and you will so find.