Reports of Cases Argued and Determined in the Supreme Court of Alabama, 132권

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243 페이지 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the legislature should be intended to mean what they have plainly expressed, and consequently no room is. left for construction.
486 페이지 - When cars are pushed by an engine (except when shifting and making up trains in yards) a flagman must take a conspicuous position on the front of the leading car and signal the engineman in case of need.
516 페이지 - The truth is the decision in Thorogood v. Bryan rests upon indefensible ground. The identification of the passenger with the negligent driver or the owner, without his personal co-operation or encouragement, is a gratuitous assumption. There is no such identity. The parties are not in the same position. The owner of a public conveyance is a carrier, and the driver or the person managing it is his servant. Neither of them is the servant of the passenger, and his asserted identity with them is contradicted...
2 페이지 - Upon the introduction of all the evidence the defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked : (a) " If the jury believe the evidence, they must find in favor of the deWoodward Iron Co. v. Herndon. (Ns) fendant upon the first count of the complaint." (b) " If the jury believe the evidence, the y must find for the defendant...
398 페이지 - That all navigable waters shall remain forever public highways, free to the citizens of the State, and of the United States, without tax, impost, or toll ; and that no tax, toll, impost, or wharfage shall be demanded or received from the owner of any merchandise or commodity, for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be expressly authorized by law.
60 페이지 - The General Assembly shall provide, by general laws, for the support of Common Schools by taxes, which shall never exceed in any one year two mills on the dollar on the taxable property of the State ; and by an annual per capita tax of one dollar, to be assessed on every male inhabitant of this State over the age of twentyone years...
699 페이지 - If the part to be performed by one party consists of several distinct ami separate items, and the price to be paid by the other is apportioned to each item to be performed, or is left to be implied by law, such a contract will generally be held to be severable...
251 페이지 - The doctrine of implied municipal liability!' says Mt. Chief Justice Field, in a case where the subject underwent very thorough examination, " applies to cases where money or other property of a party is received under such circumstances that the general law, independent of express contract, imposes the obligation upon the city to do justice with respect to the same.
513 페이지 - Upon the introduction of all the evidence, the defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked: (1) "If the jury believe the evidence in this case, they must find a verdict for the defendant." (2) "If the jury believe the evidence in this case, they must find a verdict for the defendant under the first count of the complaint.
566 페이지 - A conversion in the sense of the law of trover, consists either in the appropriation of the thing to the party's own use and beneficial enjoyment, or in its destruction, or in exercising dominion over it, in exclusion or defiance of the plaintiff's right, or in withholding the possession from the plaintiff, under a claim of title inconsistent with his own.

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