The Southeastern Reporter, Volumen55West Publishing Company, 1907 |
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Términos y frases comunes
adverse possession Affirmed agent alleged Appeal from Superior authority bank Carolina cause of action Cent certiorari charged the jury circuit court claim Code complaint contract corporation Coun counsel court of equity Court of North Crisp county damages deed defendant defendant's delivered demurrer duty equity evidence exception execution fact fendant fraud grant ground held honor injunction injury instruction intention intestate issue judgment justice land levy liable ment mortgage motion negligence nonsuit North Carolina Note.-For overruled owner paid pany parties passenger person petition plain plaintiff in error possession presiding judge proceedings purchase purpose question railroad company reason recover refused rendered road rule seisin Southern Railway Company statute statute of frauds suit Superior Court supra Supreme Court sustained taxes testified testimony thereof tiff tion track tract train trial trust verdict witness
Pasajes populares
Página 105 - 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.
Página 141 - Knowledge by any employee injured, of the defective or unsafe character or condition of any machinery, ways or appliances, shall be no defense to an action for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars, or engines voluntarily operated by them.
Página 387 - The constitutional and unconstitutional provisions may even be contained In the same section, and yet be perfectly distinct and separable, so that the first may stand though the last fall.
Página 148 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Página 117 - Court may change the place of trial in the following cases: 1. When the County designated for that purpose in the complaint is not the proper County ; 2. 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.
Página 456 - A carrier exercising his calling within a particular State, although engaged in the business of interstate commerce, is answerable, according to the law of the State, for acts of nonfeasance or of misfeasance committed within its limits. If he...
Página 343 - The statute of this state declares that "all murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery, or burglary, shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder of the second degree...
Página 127 - Section, unless it is shown that in addition to a mere want of ordinary care the person injured, or the person having charge of his person or property, was at the time of the collision guilty of gross or wilful negligence, or was acting in violation of the law, and that such gross [or] wilful negligence or unlawful act contributed to the injury.
Página 392 - We may lay it down as an incontrovertible rule thnt where an estate is given to a person generally, or indefinitely, with a power of disposition, it carries a fee...
Página 369 - Or where the majority of shareholders themselves are oppressively and illegally pursuing a course in the name of the corporation, which is in violation of the rights of the other shareholders, and which can only be restrained by the aid of a court of equity.