Leading Cases of the Court of Civil Appeals of the State of Tennessee: With Syllabi and Notes, Svazek 7Press of Marshall & Bruce Company, 1918 |
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accident action agent alleged alley Appeal in error assignment of error averred Bowman cause Cedar City Chancellor Chancery Court charge Circuit Court Circuit Judge City of Nashville collision condition contract contributory negligence corporation damages DAVIDSON COUNTY deceased declaration decree defendant in error delivered the opinion demurrer directed verdict dismissed draft duty employes engine error coram nobis fact favor fendant filed ground guilty Hudkins injury insisted instructions Insurance issues Johnson Johnson City judgment jury JUSTICE HIGGINS delivered Knox County learned counsel liable lower Court matter Maury County Medicine Company ment motion overruled owner party passenger person petition petitioner plaintiff in error plea premises proof question Railroad railway company reason record recover recovery remittitur replevin rule servant Shelby County statute suit Supreme Court sustained tending to show Tenn Tennessee testimony thereof tion track train trial judge urged verdict witness writ Writ of certiorari
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Strana 303 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the Opinion of the Court. testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Strana 580 - The law has so high a regard for human life that it will not impute negligence to an effort to preserve it, unless made under such circumstances as to constitute rashness in the judgment of prudent persons.
Strana 510 - Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, presentment must be made with reasonable diligence.
Strana 69 - An act of baseness, vileness or depravity in the private and social duties which a man owes to his fellow men or to society in general, contrary to the accepted and customary rule of right and duty between man and man.
Strana 349 - But in statutes levying taxes the literal meaning of the words employed is most important for such statutes are not to be extended by implication beyond the clear import of the language used.
Strana 148 - Cotning down to the reality of the proposition there is no question in the mind of the writer but that...
Strana 571 - The Company may make any payment or grant any non-forfeiture privilege provided herein to the Insured, husband or wife, or any relative by blood or connection by marriage of the Insured, or to any other person appearing to said Company to be equitably entitled to the same by reason of having incurred expense on behalf of the Insured, or for his or her burial...
Strana 344 - ... that his house was kept open, it being sufficient to prove that all who came were received as guests, without any previous agreement as to the time or terms of their stay. A public house of entertainment for all who choose to visit it is the true definition of an inn. These definitions are really in harmony with each other. Webster defines a traveler as "one who travels in any way.
Strana 286 - We do not concur in this view, it is at war with the notions which we derive from the English law with regard to the nature of corporate bodies. A corporation is a distinct entity. Its affairs are necessarily managed by officers and agents, it is true ; but, in law, it is as distinct a being as an individual is, and is entitled to hold property, if not contrary to its charter, as absolutely as an individual can hold it. Its estate is the same, its interest is the same, its possession is the same.
Strana 286 - directors are trustees," etc., is rhetorically sound, but technically inexact. It is a statement often found in opinions, but is true only to a limited extent. They are mandataries; they are agents; they are trustees in the sense that every agent is a trustee for his principal, and bound to exercise diligence and good faith; they do not hold the legal title, and more often than otherwise are not...