Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 158 |
Other editions - View all
Common terms and phrases
48 South A. O. LANE agent Alabama alleged amended ANDERSON Anniston appellee assignments of error avers bill Birmingham Railway Blount breach Circuit Court City Court claim Code Company complaint concur contract contributory negligence conveyance corporation count court erred court of equity damages debt deceased Decided Dec Decided Jan decree deed defendant's demurrer DENSON DOWDELL duty employe Ency of Law entitled equity evidence fact fendant ground HARALSON Heard Heard before Hon injunction injury intestate jury land liability lumber MCCLELLAN ment Mobile Montgomery mortgage motion motorman negligence Northcutt overruling party person plaintiff plea proof question railroad reasonable recover refused rendered Reversed and remanded rule servant SIMPSON Southern Southern Railway statute street supra sustained Tallassee telegram tended to show testify testimony thereof tiff tion track trespass trial court Tuvin TYSON verdict Western Union Western Union Telegraph witness
Popular passages
Page 568 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation...
Page 101 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual prior possession of the land, this is strong enough to enable him to recover it from a mere trespasser who entered without any title.
Page 457 - 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.
Page 354 - ... 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.
Page 146 - The case was tried by the court without the Intervention of a jury. The Judgment entry recites that the trial was had on "issue joined on the defendants
Page 159 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 275 - W. X., his executors, administrators or assigns ; for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators, firmly by these presents.
Page 389 - Where after the commencement of this act personal injury is caused to a workman (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...
Page 128 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Page 298 - In said county, over or upon which complainant's road is constructed. The bill shows that the road was constructed over said land under a contract In writing made by John B. Long during his lifetime with the complainant in the words and figures following: "Know all men by these presents, that I, John B.