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accident action amount appeared approaching assessed attempt authority award Barb Boston bound bridge building carrier carry cause Central R. R. charge charter Chicago circumstances commissioners compensation condemnation condition conductor consequence considered construction contract corporation court crossing damages danger defendant defendant's determine direction duty easement engine enter entitled evidence exercise fact fire give given ground guilty held highway injury Iowa judgment jury land leave liable look manner Mass matter means Minn necessary negligence notice Ohio operation ordinary owner Pacific pany party passenger passing Penn person plaintiff platform prevent proceedings proper question rail railroad company railway railway company reason received recover result River road rule servant station statute stop street sufficient sustained taken tion track train travelling unless York
Page 1208 - 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.
Page 1050 - The law charges this person thus intrusted to carry goods, against all events, but acts of God, and of the enemies of the King. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable. And this is a politic establishment, contrived by the policy of the law, for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Page 849 - ... his property in an arbitrary manner, but by giving him a full indemnification and equivalent for the injury thereby sustained. The public is now considered as an individual, treating with an individual for an exchange. All that the legislature does, is to oblige the owner to alienate his possessions for a reasonable price ; and even this is an exertion of power, which the legislature indulges with caution, and which nothing but the legislature can perform.
Page 1265 - It appears to us that a man who leaves in a public place, along which persons, and amongst them children, have to pass, a dangerous machine which may be fatal to any one who touches it, without any precaution against mischief, is not only guilty of negligence, but of negligence of a very reprehensible character, and not the less so, because the imprudent and unauthorized act of another may be necessary to realize the mischief to which the unlawful act or negligence of the defendant has given occasion.
Page 1066 - J., observed that in order for it to apply "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 defendants, that the accident arose from want of care.
Page 1053 - It was there laid down that the right which a passenger by railway has to be carried safely does not depend on his having made a contract, but that the fact of his being a passenger casts a duty on the company to carry him safely...
Page 1066 - The court said 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.
Page 1163 - The ruling was in form that there was no evidence of negligence to go to the jury...