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action Affirmed agent alleged amount appellant appellee applicable assignment attorney authority averments bill of exceptions bond breach carrier cause charge Circuit claim Code Company complaint condition contract counsel count court damages Decided defendant defendant's deliver demurrers duty effect entitled erred error evidence existence facts failed failure filed follows furnish give given ground Heard held injury issue judge judgment jury land liable Light matter ment motion negligence notice objection offered operation opinion paid party passenger perform person plain plaintiff plea pleadings possession presented proof proper question Railroad Railway reasonable received record recover referred refused remanded rendered requested Reversed rule servants shown South statement statute sufficient suit supra sustained Telegraph tending testified testimony tion train trial Union verdict Western witness
Seite 247 - That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Seite 247 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Seite 487 - ... it shall be unlawful for any person, persons, or corporation to offer, grant, or give, or to solicit, accept, or receive any rebate, concession, or discrimination...
Seite 301 - ... 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.
Seite 479 - The apparent authority so far as third persons are concerned is the real authority, and when a third person has ascertained the apparent authority with which the principal has clothed the agent, he Is under no further obligation to inquire into the agent's actual authority.
Seite 47 - All of them support the rule now adopted by this court, that it is error sufficient to reverse a judgment for counsel, against objection, to state facts pertinent to the issue and not in evidence, or to assume arguendo such facts to be in the case, when they are not.
Seite 487 - ... whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by said chapter, or whereby any other advantage is given or discrimination is practiced.
Seite 246 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Seite 486 - That if any common carrier subject to the provisions of this Act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...