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" The material question presented in this record is whether the negligence of the defendant was the proximate cause of the injury received by the plaintiff. "
Albany Law Journal - Page 306
1885
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Albany Law Journal, Volume 31

1885 - 544 pages
...Sopp, Lyman & Pusey, for appellant. Wright & Baldwin and Joy, Wright & Hudson, for appellee. SERVERS, J. 1. The material question presented in this record...train consisted of the engine and several freight cars. When the plaintiff found the train was about to run off, or that a portion of it was off the...
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Reports of Cases Heard and Determined by the Supreme Court of ..., Volume 113

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1920 - 648 pages
...whether the circumstances exist which create such a duty: 111 US 228; 129 Mass. 364. The question of whether the negligence of the defendant was the proximate cause of the injury should have been submitted to the jury: 94 US 469; 109 SC 122; LR 3 CP 216, 222, 591 ; LR 5 HL 45 ;...
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The Federal Reporter, Volume 124

1903 - 1112 pages
...case as above, delivered the opinion of the court. The crucial question in this case is whether or not the negligence of the defendant was the proximate cause of the injury of the plaintiff, so that, in the legal acceptation of that term, it contributed to her hurt. "Causo...
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The Pacific Reporter, Volume 130

1913 - 1236 pages
...afterwards performed, and the suffering occasioned thereby, then and in that case I charge you that the negligence of the defendant was the proximate cause of the injury, for which jihiintiff seeks to recover damages." The court refused to give these requested instructions,...
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The Northwestern Reporter, Volume 21

1885 - 1062 pages
...The plaintiff appeals. Sapp, Lyman & Pmey, for appellant. Wright & Baldwin and Joy, Wright & Hiulson, for appellee. SEEVERS, J. 1. The material question...train consisted of the engine and several freight care. When the plaintiff found the train was about to run off, or that a portion of it was off the...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1885 - 732 pages
...& Pusey, for appellant. Wright & Baldwin, and Joy, Wright & Hudson,, for appellee. SEEVEES, J. — The material question presented in this record is...train consisted of the engine and several freight cars. When the plaintiff found the train was about to run off, or that a portion of it was off the...
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Atlantic Reporter, Volume 38

1898 - 1132 pages
...the question arises whether the employes of the defendant company were guilty of any negligence which was the proximate cause of the injury received by the plaintiff. The presumption Is that the employCs did their duty, and the plaintiff therefore Is bound by evidence to...
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Atlantic Reporter, Volume 29

1894 - 1150 pages
...from the defendant's negligent act Railroad Co. v. Salmon (Err. & App.) 39 NJ Law, 299. The question whether the negligence of the defendant was the proximate cause of the plaintiff's injury was, in this case, one for the jury to determine, and an investigation of the evidence...
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The American Reports: Containing All Decisions of General ..., Volume 56

Isaac Grant Thompson - 1887 - 1004 pages
...recover their value in this action." The court answered it as follows: " We submit to you the question whether the negligence of the defendant was the proximate cause of the killing of the plaintiff's horses, or whether it was the remote cause. If it was the proximate cause...
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The Eastern Reporter: Containing All the Decisions of the States ..., Volume 8

1887 - 972 pages
...recover their value in this action." The court answered it as follows : " We submit to you the question whether the negligence of the defendant was the proximate cause of the killing of the plaintiffs horses^ or whether it was the remote cause. If it were the proximate cause...
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