 The culpability of the defendant must be affirmatively proved before the case can go to the jury, but the absence of any fault on the part of the plaintiff may be inferred from circumstances; and the disposition of men to take care of themselves and keep...  Current Law - Page 4751904Full view - About this book
 | Oliver Lorenzo Barbour - 1871 - 756 pages
...on the part of the plaintiff (in this case the deceased) may be inferred from circumstances; and the disposition of men to take care of themselves, and keep out of difficulty, may properly be taken into consideration." (Johnson v. The Hudson River Railroad Co., 20... | |
 | United States. Supreme Court - 1873 - 740 pages
...but the absence of any fault on the part of the plaintiff may be inferred from circumstances; and the disposition of men to take care of themselves and keep out of difficulty may properly be taken into consideration." The later cases in the New York Court of Appeals... | |
 | James Kirby - 1878 - 658 pages
...« The absence of any fault on the part of the plaintiff may be inferred from circumstances; and the disposition of men to take care of themselves and keep out of difficulty may properly be taken into consideration." And the negligence of the plaintiff, " as well... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1882 - 708 pages
...other facts and circumstances of the case, to infer the absence of fault on the part of the deceased, from the general and known disposition of men to take...themselves, and keep out of the way of difficulty and danger. 4. That if under the instructions of the Court, the jury should find for the plaintiff,... | |
 | 1896 - 1172 pages
...» The absence of any fault on the part of the plaintiff may be inferred from circumstances, and the disposition of men to take care of themselves and keep out of difficulty may properly be taken into consideration." Johnson v. Railroad Co., 20 NY 65, 6»-71. In... | |
 | 1886 - 940 pages
...but the absence of any fault on the part of the plaintiff may be inferred from circumstances, and the disposition of men to take care of themselves, and keep out of difficulty, may properly be taken into consideration." The jury in this case had fairly presented to... | |
 | 1887 - 764 pages
...but the absence of any fault on the part of the plaintiff may be inferred from circumstances, and the disposition of men to take care of themselves, and keep out of difficulty, may properly be taken into consideration." The jury in this case had fairly presented to... | |
 | Abraham Clark Freeman - 1888 - 1014 pages
...MAY, in connection with the facts and circumstances, take into consideration the general and kuown disposition of men to take care of themselves, and keep out of the way of danger: North Central RR Co. v. State, 96 Am. Dec. 545, and note 553. WHERE RAILROAD TRAIN OVERSHOOTS... | |
 | Thomas Gaskell Shearman, Amasa Angell Redfield - 1888 - 720 pages
...Cal. 171 ; 2 Pac. Rep. 512). c Absence of fault on the part of the deceased may be inferred from a general and known disposition of men to take care of themselves, and to keep out of the way of difficulty and danger (Northern Cent. R. Co. v. State, 31 Md. 357), taking... | |
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