American Negligence Cases: A Complete Collection of All Reported Negligence Cases Decided in the United States Supreme Court, the United States Circuit Court of Appeals, All the United States Circuit and District Courts, and the Courts of Last Resort of All the States and Territories, from the Earliest Times, with Selections from the Intermediate Courts : [1789-1897] Topically Arranged, with Notes of English Cases and Annotations, Том 7Remick, Schilling & Company, 1897 |
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Страница 3
... defendant requested the court to charge that the plain- tiff could not recover unless she showed that the place at which she received her injury at the foot and on the southerly side of this lower platform was on the defendant's ...
... defendant requested the court to charge that the plain- tiff could not recover unless she showed that the place at which she received her injury at the foot and on the southerly side of this lower platform was on the defendant's ...
Страница 6
... defendant took an exception to a decision of the court overruling motion for a new trial , and obtained a writ of error from this court . The facts are stated in the opinion . F. SMITH , H. H. MARSHALL and OULD & CARRINGTON , for ...
... defendant took an exception to a decision of the court overruling motion for a new trial , and obtained a writ of error from this court . The facts are stated in the opinion . F. SMITH , H. H. MARSHALL and OULD & CARRINGTON , for ...
Страница 7
... defendant has been guilty of negli- gence also , in the same connection , the result depends on the facts . The question in such cases is : 1. Whether damage was occasioned entirely by the negligence or improper conduct of the defendant ...
... defendant has been guilty of negli- gence also , in the same connection , the result depends on the facts . The question in such cases is : 1. Whether damage was occasioned entirely by the negligence or improper conduct of the defendant ...
Страница 16
... defendant company demurred to the declaration , and to each count thereof , but the court overruled the demurrer ; whereupon the defendant pleaded " not guilty , " and on that plea issue was joined . At the trial the defendant excepted ...
... defendant company demurred to the declaration , and to each count thereof , but the court overruled the demurrer ; whereupon the defendant pleaded " not guilty , " and on that plea issue was joined . At the trial the defendant excepted ...
Страница 37
... defendant , overlooking the marked distinction between the two classes of cases , seeks to apply to a case growing out of the relation of carrier and passenger a rule in regard to declarations in cases against municipal corporations ...
... defendant , overlooking the marked distinction between the two classes of cases , seeks to apply to a case growing out of the relation of carrier and passenger a rule in regard to declarations in cases against municipal corporations ...
Чести термини и фразе
accident action agent alight alleged appear appellant attempting brakeman caboose carrier charge Chicago Circuit Court circumstances coach common carrier complained conductor contributory negligence counsel crossing danger Danville deceased defendant in error demurrer Dimmey driver duty employees engine entitled to recover exercise facts feet freight train gence ground guilty of contributory guilty of negligence held Indianapolis & St instruct the jury judgment jumped leave the train liable Mauston Milwaukee & St motion motorman N. W. Rep Ohio opinion pany party passed Paul R'y Pennsylvania Co Pickleseimer plaintiff in error proper prudence question rail Railroad Co railroad company railway company reasonable recover damages reported Ridgewood Park rule safe servants side station steps Street R'y Supreme Court tending to show testified testimony ticket tiff tion track trial U. S. Circ U. S. Sup verdict walk want of ordinary western R'y wife witness
Популарни одломци
Страница 326 - The practice, pleadings, and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Страница 211 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Страница 323 - where the acts of the agent will bind the principal, there his representations, declarations, and admissions respecting the subject-matter will also bind him, if made at the same time, and constituting part of the res gestae.
Страница 256 - The rule stated in these cases is that "there must be reasonable evidence of negligence ; but where the thing [meaning the thing causing the injury] is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management, use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Страница 211 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Страница 115 - Every such action shall be brought by and in the name of the personal representative of such deceased person...
Страница 114 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Страница 220 - The true rule is that what is the proximate cause of an injury Is ordinarily a question for the Jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending It.
Страница 356 - ... the common law, in such a case, imposes a duty upon the proprietors, not perhaps to repair the canal, or absolutely to free it from obstructions, but to take reasonable care, so long as they keep it open for the public use of all who may choose to navigate it, that they may navigate without danger to their lives or property.
Страница 342 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.