The Texas Civil Appeals Reports: Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas, Հատոր 34State of Texas, 1905 Cases argued and determined in the Courts of Civil Appeals of the State of Texas. |
Այլ խմբագրություններ - View all
The Texas Civil Appeals Reports: Cases Argued and Determined in ..., Հատոր 35 Texas. Court of Civil Appeals Ամբողջությամբ դիտվող - 1905 |
Common terms and phrases
95 Texas acres affirmed agent alleged amount appellant appellant's appellee appellee's assignment of error attorney authority bank bill of lading carrier cattle certificate claim coccyx Coke County common carrier complained contract contributory negligence cotton County Court damages deceased Decided January deed defendant defendant's delivered District Court entitled error refused evidence executed facts favor filed heirs held injury instructed issue judgment Julius Quast jury land in controversy liable lien ment mortgage opinion overruled paid party passenger payment person petition plaintiff plaintiff in error plea pleaded possession purchase question railroad company Railway Co Railway Company reason received recover rendered Reversed and remanded rule S. W. Rep San Jacinto County sold special charge statement statute sued sufficient suit sustained testified testimony Texas Civ Texas Ct thereof tion track train trial court try title verdict warrant wife witness Writ of error
Սիրված հատվածներ
Էջ 475 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality...
Էջ 476 - ... the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine the amount of such loss...
Էջ 476 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Էջ 111 - The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.
Էջ 112 - It is a finality as to the claim or demand in controversy, concluding parties and those In privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Էջ 692 - ... where the principal has clothed his agent with power to do an act upon the existence of some extrinsic fact necessarily and peculiarly within the knowledge of the agent, and of the existence of which the act of executing the power is itself a representation, a third person dealing with such agent in entire good faith, pursuant to the apparent power, may rely upon the representation, and the principal is estopped from denying its truth to his prejudice.
Էջ 217 - The assured will take a complete itemized inventory of stock on hand at least once in each calendar year...
Էջ 540 - A bell, of at least twenty pounds weight, must be placed on each locomotive engine, and be rung at a distance of at least eighty rods from the place where the railroad crosses any...
Էջ 475 - ... the sum for which this company is liable pursuant to this policy shall be payable sixty days after due notice, ascertainment, estimate and satisfactory proof of the loss have been received by this company in accordance with the terms of this policy.
Էջ 107 - Just to hold the party authorizing work In the former case exempt from liability for injury resulting from negligence which he had no reason to anticipate, there is, on the other hand, good ground for holding him liable for injury caused by an act certain to be attended with Injurious consequences, if such consequences are not in fact prevented, no matter through whose default the omission to take the necessary measures for such prevention may arise.