Negligence: Rules--decisions--opinions, Volume 2Banks, 1904 - 2562 pages |
From inside the book
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Page 1096
... rule in the case , to wit , that the explosion o the oil whence the injury followed did not raise a presumption of negligence , pointed out some of the exceptions to the rule , and for that purpose the court used the following language ...
... rule in the case , to wit , that the explosion o the oil whence the injury followed did not raise a presumption of negligence , pointed out some of the exceptions to the rule , and for that purpose the court used the following language ...
Page 1097
... rule res ipsa loquitur applied , and the general rule that the fact that the accident happened to the plaintiff will not amount to prima facie proof of negligence . To this end the court illustrates that the cases applying the rule of ...
... rule res ipsa loquitur applied , and the general rule that the fact that the accident happened to the plaintiff will not amount to prima facie proof of negligence . To this end the court illustrates that the cases applying the rule of ...
Page 1098
... rule of negligence would apply . Nevertheless , the person sought to be charged would be strictly judged on account ... rule , and its exceptions , and it is only by a judicious application of the rule , or the exceptions , that the ...
... rule of negligence would apply . Nevertheless , the person sought to be charged would be strictly judged on account ... rule , and its exceptions , and it is only by a judicious application of the rule , or the exceptions , that the ...
Page 1151
... rule strictly , and to exclude everything which did not clearly come within its just and proper limitations . In these cases , ( the last two ) I think the rule under consideration was correctly laid down and applied , and properly ...
... rule strictly , and to exclude everything which did not clearly come within its just and proper limitations . In these cases , ( the last two ) I think the rule under consideration was correctly laid down and applied , and properly ...
Page 1174
Rules--decisions--opinions Edward Beers Thomas. to judge whether her representations were false , or her testimony ... rule was applied , Bacon v . Charlton , 7 Cush . 581 ; cited and approved in Roosa v . Boston Loan Co. , 132 Mass ...
Rules--decisions--opinions Edward Beers Thomas. to judge whether her representations were false , or her testimony ... rule was applied , Bacon v . Charlton , 7 Cush . 581 ; cited and approved in Roosa v . Boston Loan Co. , 132 Mass ...
Common terms and phrases
accident action aff'g judg't aff'g s. c. alleged appliances assumed the risk brakeman bridge Brooklyn cause charge Chicago &c co-employé Coal condition conductor construction contributory negligence court damages danger defect defendant defendant's duty employé employer employment engine evidence exercise fact failure fellow servant fire foreman Galveston &c guard held highway Iowa judg't for pl'ff jury knowledge lessee Louis &c Louisville &c Lumber machinery Mass master Mayor Minn Misc Missouri &c municipal corporation negligent per se nonsuit notice nuisance opinion ordinary owner person plaintiff premises proper question Railroad Co railroad company reasonably safe recover recovery repair rev'g judg't rev'g s. c. road rule s. c. aff'd S. W. Rep sewer sidewalk spark arrester sparks statute street sufficient switch tenant Texas &c thereof track train York &c
Popular passages
Page 1786 - An employee, or his legal representative, shall not be entitled under this act to any right of compensation or remedy against the employer In any case where such employee knew of the defect or negligence which caused the Injury and failed, within a reasonable time, to give, or cause to be given, Information thereof to the employer, or to some person superior to himself In the service of the employer...
Page 1767 - But if the agent once actually undertakes and enters upon the execution of a particular work, it is his duty to use reasonable care in the manner of executing it, so as not to cause any injury to third persons, which may be the natural consequence of his acts...
Page 1120 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there Is literally no evidence, but whether there Is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 1787 - When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer...
Page 1787 - When the injury is caused by reason of the negligence of any person in the service or employment of the master or employer, who has any superintendence intrusted to him, whilst in the exercise of such superintendence.
Page 1786 - The notice may be served by delivering the same to or at the residence or place of business of the person on whom it is to be served. The notice may also be served by post by a registered letter...
Page 2082 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 1149 - Their sole distinguishing feature is, that they should be the necessary incidents of the litigated act> — necessary, in this sense, that they are part of the immediate preparations for or emanations of such act, and are not produced by the calculated policy of the actors.
Page 1787 - Every existing right of action for negligence or to recover damages for injuries resulting in death is continued and nothing in this...
Page 1774 - January, eighteen hundred and ninetyeight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.