Second Decennial Edition of the American Digest: A Complete Digest of All Reported Cases from 1906 to 1916, Volume 17West Publishing Company, 1921 |
Palavras e frases frequentes
37 Cent accident action for injuries action for personal acts of negligence Acts or Omissions alleged Boyce building cause of action charge Chicago child City complaint contractor contributory negligence court damages danger death defective defendant's negligence Digest doctrine duty Electric elevator employé error evidence held exercise facts failure fendant fire gence granted ground guilty of contributory imputed inference instruction Iowa judgment affirmed juror jury last clear chance ligence Louis & S. F. R. Lumber Master and Servant matter of law Minn misconduct motion Municipal Corporations N. J. Law N. R. Co negligence per se negligent act ordinary owner party personal injuries plaintiff pleaded premises proof proximate cause prudent question railroad reasonable recover recovery rehearing res ipsa loquitur result street sufficient thereof tiff tion Traction trespasser trial verdict wagon
Passagens conhecidas
Página 92 - It is admitted that the rule is difficult of application. But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Página 201 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Página 21 - 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 such danger.
Página 13 - has been defined to be " the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Página 104 - To constitute actionable negligence, there must be not only causal connection between the negligence complained of and the injury suffered, but the connection must be by a natural and unbroken sequence — without intervening, efficient causes — so that but for the negligence of the defendant the injury would not have occurred; it must not only be a cause, but it must be the proximate; that is, the direct and immediate, efficient cause of the injury.
Página 86 - The proximate cause of an event must be understood to be that which, In a natural and continuous sequence, unbroken by any new, Independent cause, produces that event and without which the event would not have occurred.
Página 105 - An injury that is the natural and probable consequence of an act of negligence is actionable, and such an act is the proximate cause of the injury. But an injury which could not have been foreseen nor reasonably anticipated as the probable result of an act of negligence is not actionable, and such an act is either the remote cause, or no cause whatever, of the injury.
Página 98 - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.
Página 159 - We say this because the statutory direction that the diminution shall be "in proportion to the amount of negligence attributable to such employee" means, and can only mean, that, where the causal negligence is partly attributable to him and partly to the carrier, he shall not recover full damages, but only a proportional amount, bearing the same relation to the full amount as the negligence attributable to the carrier bears to the entire negligence attributable to both ; the...
Página 346 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.