Albany Law Journal, Том 27Weed, Parsons & Company, 1883 |
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Страница 22
... negligence , and there can be no negligence without a breach of duty . In Kay v . Pennsylvania R. Co. , 15 P. F. S. on p . 276 ; S. C. , 3 Am . Rep . 628 , we said : ' If there be no negligence on the part of the company , then the ...
... negligence , and there can be no negligence without a breach of duty . In Kay v . Pennsylvania R. Co. , 15 P. F. S. on p . 276 ; S. C. , 3 Am . Rep . 628 , we said : ' If there be no negligence on the part of the company , then the ...
Страница 23
... negligence and contributory negligence were held to be for the jury . The court said on the latter point : " The claim of the appellant's counsel that the deceased was chargeable with knowledge of the draft of an express train while ...
... negligence and contributory negligence were held to be for the jury . The court said on the latter point : " The claim of the appellant's counsel that the deceased was chargeable with knowledge of the draft of an express train while ...
Страница 24
negligence of defendant . It is no answer to the position to say that the intestate had the opportun- ity to acquire the knowledge , for the reason that he had but to direct his eyes to the track in order to discover the absence of the ...
negligence of defendant . It is no answer to the position to say that the intestate had the opportun- ity to acquire the knowledge , for the reason that he had but to direct his eyes to the track in order to discover the absence of the ...
Страница 45
... negligence of his fellow - servants . But it seems to us that on the facts stated in either paragraph of the complaint he cannot be regarded as having been the servant of the defendant . See Kelly v . Johnson , 128 Mass . 530 ; S. C. ...
... negligence of his fellow - servants . But it seems to us that on the facts stated in either paragraph of the complaint he cannot be regarded as having been the servant of the defendant . See Kelly v . Johnson , 128 Mass . 530 ; S. C. ...
Страница 56
... negligence in not foreseeing and guarding against the negligence of the company . ( 2 ) The property was in plaintiff's posses- sion . A part of it consisted of hay cut by plaintiff on land upon which he was a trespasser , and a part of ...
... negligence in not foreseeing and guarding against the negligence of the company . ( 2 ) The property was in plaintiff's posses- sion . A part of it consisted of hay cut by plaintiff on land upon which he was a trespasser , and a part of ...
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