Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 194 |
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69 South action affirmative charge agent agreement Alabama alleged ANDERSON appellee assignment of error Assumpsit authority averment bill of exceptions Birmingham Bob Ware Brassell carrier Chattanooga & St Circuit Court claim Coal Code common carrier Company complainant concur Constitution contract contributory negligence conveyance count damages deceased declared decree deed defendant defendant's demurrer detinue duty employee equity evidence execution fact fendant Goodwater held Huntsville injury interest intestate Iron issue judge judgment jury land liable lien Limestone county Matthews MAYFIELD ment mortgage Nashville operation opinion party passenger person plaintiff platform pleas possession proof purchase question railroad reason recover refused Rehearing denied rendered respondent Reversed and remanded reversible error rule servants SOMERVILLE Southern Express Southern Express Co Southern Railway statute sufficient supra testified testimony thereof tiff tion train trial court verdict wife witness writ of assistance
Popular passages
Page 415 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Page 84 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that, if he did not use ordinary care and skill in his own conduct with regard to those circumstances, he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid...
Page 414 - States, or place noncontiguous to but subject to the jurisdiction thereof, into any other state, territory or district of the United States or place noncontiguous to but subject to the jurisdiction thereof...
Page 228 - He must not only protect his passenger against the violence and insults of strangers and co-passengers, but a fortiori against the violence and insults of his own servants. If this duty to the passenger is not performed, if this protection is not furnished, but, on the contrary, the passenger is assaulted and insulted, through the negligence or the wilful misconduct of the carrier's servant, the carrier is necessarily responsible.
Page 357 - Children, wherever they go, must be expected to act upon childish instincts and impulses; and others, who are chargeable with a duty of care and caution towards them, must calculate upon this, and take precautions accordingly. If they leave exposed to the observation of children anything which would be tempting to them, and which they in their immature judgment might naturally suppose they were at liberty to handle or play with, they should expect that liberty to be taken.
Page 415 - It may be said in a general way that the police power extends to all the great public needs It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Page 147 - While reasonable classification is permitted, without doing violence to the equal protection of the laws, such classification must be based upon some real and substantial distinction, bearing a reasonable and just relation to the things in respect to which such classification is imposed; and classification cannot be arbitrarily made without any substantial basis.
Page 415 - If the State thinks that an admitted evil cannot be prevented except by prohibiting a calling or transaction not in itself necessarily objectionable, the courts cannot interfere, unless, in looking at the substance of the matter, they can see that it "is a clear, unmistakable infringement of rights secured by the fundamental law.
Page 415 - The courts are not bound by mere forms, nor are they to be misled by mere pretenses. They are at liberty — indeed, are under a solemn duty — to look at the substance of things whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights...
Page 566 - Whatever respect might have been felt for the State sovereignties, it is not to be disguised that the framers of the Constitution viewed with some apprehension the violent acts which might grow out of the feelings of the moment...