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" The party who last has a clear opportunity of avoiding the accident, notwithstanding the negligence of his opponent, is considered solely responsible for it" The United States supreme court in Grand Trunk Ry. "
Albany Law Journal - Página 277
1888
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Handbook, of the Law of Torts

Heman Gerald Chapin - 1917 - 695 páginas
...had he exercised proper care after discovering the danger, or, as it has been tersely put, "the party who last has a clear opportunity of avoiding the accident,...opponent is considered solely responsible for it." 211 The negligent conduct of the plaintiff is not then a cause, but a condition.21* Thus plaintiff...
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Second Decennial Edition of the American Digest: A Complete ..., Volume 17

1921
...137 NYS 273, 152 App. Div. 444. (NDliilO) The person who last has a clear opportunity of avoiding an accident, notwithstanding the negligence of his opponent, is considered solely responsible for it.— Acton v. Fargo & M. St. Ry. Co., 129 NW 220, 20 N. D. 434. (Ohio, 1907) Where plaintiff has been negligent...
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Selected Essays on the Law of Torts

1924 - 770 páginas
...plaintiff could still recover, and sums up the law In this general rule : " The result is, that the party who last has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it; and this will be found, we believe, to be true in all such cases, whether the series be long or short."...
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Selected Essays on the Law of Torts

1924 - 770 páginas
...rule : " The result is, that the party who last has a clear opportunity of avoiding the acc1 Jen/, notwithstanding the negligence of his opponent, is considered solely responsible for it; and this will be found, we believe, to be true in all such cases, whether the series be long or short."...
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The Central Law Journal, Volume 82

1916
...on the wrong side of the road." The doctrine of the above case has been stated to be that "the party who last has a clear opportunity of avoiding the accident,...his opponent, is considered solely responsible for it."4 Another legal writer5 in describing the rule as set out in the above case says, "It means only...
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The Central Law Journal, Volume 56

1903
...Horn, 52 NJL 284, 10 LRA 184. JETSAM AND FLOTSAM. THE LAST CHANCE DOCTRINE. "The party who has the last clear opportunity of avoiding the accident notwithstanding...opponent is considered solely responsible for it." The last chance doctrine thus expressed waa adopted in a recent Louisiana case. Barnblll v. Texas &...
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Corpus Juris: Being a Complete and Systematic Statement of the ..., Volume 11

William Mack, William Benjamin Hale - 1917
...he fails to do so." Lambert v. Southern Рас. R. Co.. 146 Cal. 231, 236, 79 P 873. (3) "The party who last has a clear opportunity of avoiding the accident,...of his opponent, is considered solely responsible." Esrey v. Southern Рас. Co., 103 Cal. 541, Б4Б, 37 P 500 [quot Rowe v. Southern California R. Co.,...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 4

1908
...to avoid injuring such person. For a failure so to do such person is liable in damages. "The party who last has a clear opportunity of avoiding the accident,...of his opponent, is considered solely responsible." (Esrey v. Southern Pacific Co., 103 Cal. 541, [37 Pac. 500].) In the case at bar there is evidence...
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Canadian Railway and Transport Cases, Volume 12

1911
...plaintiff .in getting close to the tracks. As said by a writer in the Law Quarterly Review : ' ' The party who last has a clear opportunity of avoiding the accident,...notwithstanding the negligence of his opponent, is considered to be solely responsible for it" (vol. 2, p. 507 (1886) ) ; Halifax Electric Tramway Co. v. Inglis,...
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The Roots of American Bureaucracy, 1830-1900

William Nelson - 2006 - 236 páginas
...when an anonymous writer in the Law Quarterly Review formulated the Davies case as follows: "the party who last has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it." Gradually this reading of the Davies case was accepted by other writers and by the courts, and by 1900...
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