 | Illinois. Supreme Court - 1908 - Broj stranica: 708
...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 - Broj stranica: 712
...(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... | |
 | Illinois. Supreme Court - 1908 - Broj stranica: 726
...part of the defendant to protect the plaintiff 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. From an examination of the averments of the first and second counts of... | |
 | 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 - Broj stranica: 636
...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 - Broj stranica: 960
...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 - Broj stranica: 1230
...involving actionable negligence there are necessarily three elements essential to its existence : (1) The existence of a duty on the part of the defendant...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 - Broj stranica: 1234
...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... | |
 | 1922 - Broj stranica: 1158
...duty on the part of defendant to protect plaintiff from the injuries complained of; (2) the failure of defendant to perform that duty; and (3) an injury to the plaintiff from such breach of duty by the defendant. When these elemente are brought together they unitedly constitute... | |
 | 1896 - Broj stranica: 1148
...every case involving negligence, there are necessarily three elements essential to its existence: (1) The existence of a duty on the part of the defendant...(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 - Broj stranica: 1128
...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.—... | |
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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... 
