 In every case involving actionable negligence, there are necessarily three elements necessary to its existence : 1. The existence of a duty on the part of the defendant to protect the plaintiff from the injury of which he complains. 2. A failure by the...  Reports of Cases Decided in the Supreme Court of the State of Indiana - Страница 88написао/ла Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1908Пуни преглед - О овој књизи
 | Illinois. Supreme Court - 1908 - 708 страница
...character of this it is necessary to aver and prove three elements to make out a cause of action : ( 1 ) The existence of a duty on the part of the defendant...from the injury of which he complains; (2) a failure of the defendant to perform that duty; and (3) an injury to the plaintiff resulting from such failure.... | |
 | Illinois. Supreme Court - 1907 - 712 страница
...(Foster v. St. Luke's Hospital, 191 1ll. 94.) Here, one element of the plaintiff's cause of action, viz., the existence of a duty on the part of the defendant...the plaintiff from the injury of which he complains, was wholly omitted from the declaration, and the averment thus omitted cannot be implied or inferred... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1871 - 636 страница
...material to the decision. Such a doctrine would require the exercise of the highest degree of diligence on the part of the defendant to protect the plaintiff from the consequences of hia own negligence. In the case before us, each party had a right of passage, limited... | |
 | Francis Wharton - 1874 - 960 страница
...trains apthe decision. Such a doctrine would require the exercise of the highest degree of diligence on the part of the defendant to protect the plaintiff from the consequences of his own negligence. " In the case before us, each party had a right of passage, limited... | |
 | 1914 - 1230 страница
...follows: "In every case involving actionable negligence there are necessarily three elements essential to its existence : (1) The existence of a duty on...plaintiff from the injury of which he complains; (2) a 140 P.-27 failure by the defendant to perform that duty; and (3) an injury to the plaintiff from such... | |
 | 1915 - 1234 страница
...Рас. 184. In the Faris Case it is said that three elements are necessary to sustain such actions: "The existence of a duty on the part of the defendant...the plaintiff from the injury of which he complains; a failure by the defendant to perform that duty ; and, an injury to the plaintiff from such failure... | |
 | 1919 - 1024 страница
...where the alleged wrong is not willful and intentional, three essential elements are necessary: First, the existence of a duty on the part of the defendant to protect the plaintiff from injury ; second, failure of the defendant to perform that duty ; and, third, injury to the plaintiff... | |
 | 1896 - 1148 страница
...269, 33 NE 1028: "In every case involving negligence, there are necessarily three elements essential to its existence: (1) The existence of a duty on the...(2) a failure by the defendant to perform that duty; (3) an injury to the plaintiff from such failure of the defendant. When these elements are brought... | |
 | 1915 - 1128 страница
...1*) — "ACTIONABLE NEGLIGENCE"— WHAT CONSTITUTES. The three elements of actionable negligence are the existence of a duty on the part of the defendant...the plaintiff from the injury of which he complains, the defendant's failure to perform that duty, ami the injury resulting from such failure. [Ed. Note.—... | |
 | Sir Walworth Howland Roberts, George Wallace - 1885 - 610 страница
...breach of duty (//) . It is essential to the successful maintenance of an action for negligence to show the existence of a duty on the part of the defendant to the phintijf, and a loss suffered as a direct consequence of the breach of such duty (s). With respect... | |
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