A Treatise on the Law of Negligence, Opseg 1Baker, Voorhis & Company, 1888 |
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Ostala izdanja - Prikaži sve
A Treatise on the Law of Negligence, Opseg 1 Thomas Gaskell Shearman,Amasa Angell Redfield Prikaz isječka - 1941 |
A Treatise on the Law of Negligence, Opseg 1 Thomas Gaskell Shearman,Amasa Angell Redfield Prikaz isječka - 1941 |
A Treatise on the Law of Negligence, Opseg 1 Thomas Gaskell Shearman,Amasa Redfield (A.) Prikaz isječka - 1964 |
Uobičajeni izrazi i fraze
accident action agent Allen Baltimore Bank Barb Boston bound brakeman bridge Brooklyn Canal carrier charge Chicago child circumstances City Clark common carriers Conn contract contractor contributory negligence court damage danger decisions defect defendant defendant's negligence degree Delaware duty employed employer employment engineer Erie evidence Exch exercise fact fault fellow-servant fendant gence Grand Trunk Hannibal Harlem Haven held liable highway horse Hudson River Hurlst Illinois imputed injury Intervening cause Iowa Johnson jury Kansas Keokuk killed Lake Erie latter ligence Louis Louisville Maine Mass master Milwaukee Minn Missouri N. J. Law N. Y. Central Ohio St ordinary owner Pacific passenger Penn Pennsylvania Pennsylvania Co Pittsburgh plaintiff presumption proximate cause prudent question railroad company railway reason recover repair responsible rule servant Smith Stat statute street Terre Haute tion track train trespasser Turnp Utica Verm Western Wisc York
Popularni odlomci
Stranica 411 - ... (1) By reason of any defect in the condition of the ways, works or machinery connected with or used in the business of the employer, which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition...
Stranica 60 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Stranica 195 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that, if he did not use ordinary care and skill in his own conduct with regard to those circumstances, he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid...
Stranica 21 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Stranica 414 - every corporation operating a railway shall be liable for all damages sustained by any person, including employees of such corporation, in consequence of the neglect of agents, or by any mismanagement of the engineers or other employees...
Stranica 413 - ... 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition; 2.
Stranica cxviii - 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.
Stranica 230 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Stranica 155 - But there is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse him.
Stranica 414 - Kansas of 1874 providing that "every railroad company organized or doing business in this state shall be liable for all damages done to any employee of such company in consequence of any negligence of its agents, or by any mismanagement of its engineers or other employees to any person sustaining such damage...