...by appellee against appellant, to recover damages for personal injuries alleged to have accrued to the plaintiff by reason of the failure of the defendant to keep in repair a bridge upon a public road where the highway crossed its track. There was testimony showing...

...defendant, and acceptance of the same by the plaintiff, the damages alleged to have been sustained by the plaintiff by reason of the failure of the defendant to perform all the conditions therein were waived. Certainly all these conditions were waived that might...

...Wis. (1875) 636; Hills v. La Porte, 40 Wis. (1876) 113. Hot to exceed Rents, eto. — Upon a recovery by the plaintiff by reason of the failure of the defendant to show a proper title in himself, the latter cannot be allowed a sum for improvements which shall be...

...of its train, in same-same. failing to do any duty they were required to do, if they did so fail, or by reason of the failure of the defendant to keep its track clear of obstructions, or to remove the timber or brush or other obstructions along its track, if it...

...Hughes v. Wilmington and Weldon Railroad Co., 73 NC 558 (1875) the syllabus states the case as follows : Where in an action against a railroad company to recover...injury, and that at some point on the road witness had felt a severe jar, and that on the day the cars ran off witness was in the cars and predicted that...

...rescued.3 Generally, the rule of contributory negligence prevails notwithstanding the injury is received by the plaintiff by reason of the failure of the defendant to perform duties imposed by statute, known as negligence per se, or negligence as a matter of law.4 Neither...

...for appellee. GAYNOR, J. — This action is brought to recover damages alleged to have been sustained by the plaintiff by reason of the failure of the defendant to put the plaintiff in possession of certain farm lands leased by the defendant to the plaintiff. It...

...the question of damages was that given by WB Gilbert, who testified as to the amount of profits lost by the plaintiff by reason of the failure of the defendant to supply the former with the article according to the terms of the agreement. This is the only testimony...

...the question of damages was that given by WB Gilbert, who testified as to the amount of profits lost by the plaintiff by reason of the failure of the defendant to supply the former with the article according to the terms of the agreement. This is the only testimony...

...the American Railway Express Company, a corporation, to recover a loss alleged to have been sustained by the plaintiff by reason of the failure of the defendant to transport and deliver with reasonable dispatch a carload of strawberries shipped from Queponco, in...