Reports Containing the Cases Determined in All the Circuits from the Organization of the Courts (Volume 74 ); Fully Reported with Numerous Annotations (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1907 Excerpt: ... part of the premises for 40 years, and the possession of other parts belonging to the same right. Held sufficient to warrant the presumption of a release.--Jackson v. Lamb, 7 Cow. 431. 7. Personal Injuries. a (Mo. 1885) Mental pain may be inferred by the jury from the inevitable physical pain resulting from an injurv.--Cook v. Missouri Pac. R. Co., 19 Mo. App. 329. b (X. H. 1857) It will not be assumed that a witness does not know the place of an accident, because he says he was not present.--Willey v. Portsmouth. 35 N. H. 303. c (Tex. 1902) Testimony of a doctor, given 18 months after he attended H., that he did not remember whether H. told him be had received an accidental injury, does not, as matter of law, preclude the court and jury from inferring from all the facts in the case that he had received an accidental injury.--Travelers' Ins. Co. v. Hunter. 30 Tex. Civ. App. 489. 70 S. W. 798. d (Wash. 1898) A person was found in a pit unconscious, injured apparently by a fall, and there was blood on the stone wall where evidently his head had struck. Held to show that the injury was caused by his falling into the pit.--Anderson v. Northern Pac. Iiy. Co., 19 Wash. 340, 53 Pac. 345. 8. Existence of Facts at Particular Times. a (Ala. 1848) The fact that a creditor obtained a judgment against his debtor on the second Monday of November. 1838. is not proof that the debt on which the judgment was founded existed on the 3d October, 1S3S.--Dubtw v. Young, 14 Ala. 139. b (1ll. 1892) The fact that a real estate broker was duly licensed, as required by ordinance, at the time of trial of an action for commissions, ami that he had been in the business for a number of years, does not give rise to the inference that he was so licensed at the time of his employment by defe...