Reports of Cases Determined in the Supreme Court of the State of California, Volume 169Bancroft-Whitney, 1916 - Law reports, digests, etc |
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Common terms and phrases
action adverse possession agreement alleged amended Angeles appeal application assessment attorney authority bank capital stock Chase Stevens city and county Civil Procedure claim Code of Civil community property Company complaint condition constitution contract corporation counsel county of San cross-complaint damages deceased declared deed defendant defendant's district entitled evidence fact favor fendant filed finding Fodera franchise grant held injuries instruction interest issue judge judgment jurisdiction jury lease lessees lessor lien Lorigan mechanic's lien ment mortgage motion negligence opinion owner parties payment person petitioner plaintiff possession premises proceeding provision Public Utilities Act purpose question quiet title railroad reason Respondent riparian River rule San Francisco San Joaquin San Joaquin River Slough statute streets sufficient Superior Court supreme court sustained testimony thereof tide land tion trial court Trona verdict witness
Popular passages
Page 874 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 555 - ... an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this code.
Page 477 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 201 - ... shall henceforth sell, lease, assign, mortgage or otherwise dispose of or encumber the whole or any part of its railroad, street railroad, line, plant or system, necessary or useful in the performance of its duties to the public...
Page 477 - ... second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient, but indispensable. Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the corporation, and the power is denied.
Page 726 - A joint interest is one owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy...
Page 848 - ... so far as the laws of each country will permit and pending the appointment of an administrator and until letters of administration have been granted, take charge of the property left by the deceased for the benefit of his lawful heirs and creditors, and moreover, have the right to be appointed as administrator of such estate.
Page 692 - A carrier of persons without reward must use ordinary care and diligence for their safe carriage.
Page 56 - Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.
Page 472 - ... of such city and county, or incorporated city or town, shall vote to retain, and until such election such powers shall continue unimpaired; but if the vote so taken shall not favor the continuation of such powers they shall thereafter vest in the railroad commission as provided by law; and provided, further that where any such city and county or incorporated city or town...