The South Western Reporter, Volume 253West Publishing Company, 1923 - Law reports, digests, etc Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas. |
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affirmed agreement alleged amended amount answer Appeal and error appellant appellant's appellee bailment bank bill of exceptions bond cause of action charge circuit court claim Company contract contributory negligence Court of Appeals damages deceased defendant defendant's demurrer dence Digests and Indexes district evidence facts feet fendant filed held Indexes 253 injury instruction issue Judge June 26 jury Kansas City Key-Numbered Digests liability lumber ment Missouri Motion for Rehearing negligence opinion overruled paid parties payment person petition plain plaintiff in error pleaded proof purchase question Railroad reason record recover refused reversed reversible error rule statement statute street car sufficient suit supra sustained taxicab testator testified testimony Texas Mexican Railway thereof tiff tion topic and KEY-NUMBER trial court truck verdict wire witness
Popular passages
Page 92 - 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; said ascertainment or estimate shall be Fire, &c.~] Wilms vs.
Page 249 - That carriers while under federal control shall be subject to all laws and liabilities as common carriers, whether arising under State or federal laws or at common law, except in so far as may be inconsistent with the provisions of this Act or any other Act applicable to such federal control or with any order of the President.
Page 88 - 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.
Page 92 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss stating separately sound value and damage, and, falling to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine...
Page 92 - Said ascertainment or estimate shall be made by the insured and this company, or, if they differ, then by appraisers, as hereinafter provided; and the amount of loss or damage having been thus determined, 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.
Page 92 - ... keep such books and inventory securely locked in a fire-proof safe at night, and at all times when the store mentioned in the within policy is not actually open for business, or in some secure place not exposed to a fire which would destroy the house where such business is carried on...
Page 447 - Columbia, or to any foreign country, any article or commodity, other than timber and the manufactured products thereof, manufactured, mined, or produced by it, or under its authority, or which it may own in whole, or in part, or in which it may have any interest direct or indirect except such articles or commodities as may be necessary and intended for its use in the conduct of its business as a common carrier.
Page 88 - ... 3. The assured will keep such books and inventory, and also the last preceding inventory, if such has been taken, securely locked in a fire-proof safe at night, and at all times when the building mentioned in this policy is not actually open for business...
Page 69 - ... shall be liable only for such portion of the indemnity promised as the said indemnity bears to the total amount of like indemnity in all policies covering such loss, and for the return of such part of the premium paid as shall exceed the pro rata for the indemnity thus determined.
Page 59 - The oourt en the application of either party may make such alteration from time to time as to the allowance of alimony and maintenance as may be proper, and the court may decree alimony pending the suit for divorce in all cases where the same would be just, whether the wife be plaintiff or defendant, and enforce such order In the manner provided by law in other cases.