...of the dangerous condition of such barrier the municipality is liable in damages for such injury if it knew, or in the exercise of ordinary care, ought to have known the dangerous condition thereof. Ib. Under Section 3283, Revised Statutes, a railroad has not the absolute...

...Virginia court apparently holds that, though the deed itself forbids a sale, if the creditor secured knew, or in the exercise of ordinary care ought to have known, that its terms were, or in the nature of things would be, violated, the deed would be held invalid as against...

...foreseen and anticipated from a negligent act, the defendant Is liable not only for such consequences as It knew, or in the exercise of ordinary care ought to have known, might result from its negligence, but for all consequences that, free from Intervening causes, proximately...

...were such that he had reason to believe that the wire was charged with electricity and consequently in the exercise of ordinary care ought to have known that it was so charged and was therefore dangerous to touch. Hence a majority of the court does not think that the...

...could not recover unless the conductor, at the time he gave the signal to reverse the engine, knew, or in the exercise of ordinary care ought to have known, that the giving of the signal " would result in jerking Evarts from the train"; " would necessarily produce...

...instructions the conductor was acting within the scope of his duty; second, that the conductor knew, or, in the exercise of ordinary care, ought to have known, that the car was moving too fast for the plaintiff to step upon it without exposing himself to great danger...

...Ins age, experience, and capacity, was not jrnilty of any want of ordinary care which jiroximately caused or contributed to his injury. That the plaintiff...the risks and dangers incident to such employment. The first of these questions seems to be very important In the case, but was discussed very little...

...this immediate connection the court further charged that if the jury should find that the driver knew, or, in the exercise of ordinary care, ought to have known, that it was dangerous to operate the apparatus without seeing that the rope was above the plank, knowing as he...

...the accident and failed to do so." This instruction was dealing with the duty of the defendant after it knew, or in the exercise of ordinary care ought to have known of the danger to which the plaintiff's intestate was exposed in crossing the track in front of the...

...answer this question : Had such machine been so operated for such length of time that the defendant, in the exercise of ordinary care, ought to have known that it was liable to get in said condition before plaintiff was injured ? A. . "(6) Did the defendant at any time...