 It is not that, in any case, negligence can be assumed from the mere fact of an accident and an injury ; but, in these cases, the surrounding circumstances which are necessarily brought into view by showing how the accident occurred contain, without further...  Miscellaneous Reports. Cases Decided in the Courts of Record of the State of ... - Page 571by New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1905Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1901 - 704 pages
...to the conductor of an inflnnity wihich required extraordinary care on his part. "Negligence can not be assumed from the mere fact of an accident and an injury." (1 Shear. & Red. Neg., section 59, Wintuska v. L. & NRR Co., 20 SW, S19.) We are of opinion, therefore,... | |
 | 1908 - 1164 pages
...things, quoted from Shearman & Redfield on Negligence, | 59, as follows: "It is not that In any case negligence can be assumed from the mere fact of an...surrounding circumstances which are necessarily brought iuto view by showing how the accident occurred contain, without further proof, sufficient evidence... | |
 | 1909 - 1362 pages
...said: "It is not that In anjc case negligence can be assumed from the mere fact of the accident and injury, but in these cases the surrounding circumstances,...contain, without further proof, sufficient evidence of defendant's duty and his neglect to perform it. The fact of the casualty and the attendant circumstances... | |
 | 1905 - 1164 pages
...judge then quotes with approval from Shearman & Redfield on Negligence : "It is not that in any case negligence can be assumed from the mere fact of an accident and an injury ; but in those cases the surrounding circumstances which are necessarily brought into view by showing how the... | |
 | New York (State). Supreme Court. Appellate Division - 1905 - 774 pages
...approval from Shearman and Redfield on Negligence (4th eil. § 59) : " It is not that, in any case, negligence can be assumed from the mere fact of an...circumstances may themselves furnish all the proof of App. Div.] FIRST DEPARTMENT, DECEMBER, 1904. negligence that the injured person is able to offer, or... | |
 | 1896 - 772 pages
...negligence can be assumed from the mere fact of the McCray e. Gnlvtston, H. & SAR Co. accident and of injury, but in these cases the surrounding circumstances,...sufficient evidence of the defendant's duty and of his negligence to perform it. The fact of the casualty and the attendant circumstances may themselves furnish... | |
 | New York (State). Supreme Court. Appellate Division - 1902 - 756 pages
...approvingly section 59 of Shearman and Redfield on Negligence as follows : " It is not that, in any case, negligence can be assumed from the mere fact of an...brought into view by showing how the accident occurred THIRD DEPARTMENT, NOVEMBEH TERM, 1901. [Vol. 66. contain, without farther proof, sufficient evidence... | |
 | 1893 - 1282 pages
...not allowable to build one presumption on another, and thus make a cause of action. Krgligence cannot be assumed from the mere fact of an accident and an injury. 1 Shear. & R. Neg. (4th Ed.) § 59. It Is quite legitimate, when facts are admitted or proven, to draw... | |
 | Abraham Clark Freeman - 1902 - 1074 pages
...loquitur," it is said in Shearman and Eedfield on Negligence, section 59: "It is not that, in any case, negligence can be assumed from the mere fact of an accident and an injury; but in these cases thesurrounding circumstances which are necessarily brought into view by showing how the accident occurred... | |
 | 1905 - 984 pages
...follows: "It Is not that In any case negligence can be assumed from the mere fact of the accident and injury, but in these cases the surrounding circumstances...accident occurred contain, without further proof, sufficieut evidence of defendant's duty, i and his neglect to perform it. The fact of i the casualty... | |
| |
