 | Iowa. Supreme Court - 1882 - 818 pages
...the absence of knowledge on the part of the defendant. The true rule is that if the plaintiff knew, or by the exercise of ordinary care might have known, of the unsafe condition of the roof, and he continued to work in the dangerous place without protest or complaint.... | |
 | 1908 - 1168 pages
...for the plaintiff unless the jury should further find that the superintendent giving the order knew, or by the exercise of ordinary care might have known, of the danger of opening the mold at that time. But the former instruction directed a verdict, and could not... | |
 | 1895 - 1150 pages
...court Instructs the jury that the plaintiff must prove, by a preponderance of the evidence, that the defendant knew, or by the exercise of ordinary care might have known, that the north entry, where It Is alleged the Injury to the plaintiff occurred, was In an unsafe and... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1885 - 732 pages
...falling of the roof of the mine,) it was laid down : " The true rule is, that if the plaintiff knew, or by the exercise of ordinary care might have known, of the unsafe condition of the roof of the mine, and he continued to work in a dangerous place without protest... | |
 | Robert Stewart Morrison - 1886 - 772 pages
...the absence of knowledge on the part of the defendant. The true rule is that if the plaintiff knew, or by the exercise of ordinary care might have known, of the unsafe condition of thte roof, and he continued to work in the dangerous place without protest or complaint,... | |
 | Missouri. Courts of Appeals - 1891 - 780 pages
...that, even if the plaintiff was negligent in being on defendant's track, or in not getting off, yet if defendant knew, or by the exercise of ordinary care might have known, the plaintiff's danger in time to have averted the collision, and, after such knowledge or opportunity... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1891 - 698 pages
...falling of the roof of the mine), it was laid down : ' The true rule is that if the plaintiff knew, or by the exercise of ordinary care might have known, of the unsafe condition of the roof of the mine, and he continued to work in a dangerous place without protest... | |
 | 1892 - 1310 pages
...In the mine of defendant. This court held as follows: "The true rule is that if the plaintiff knew, or by the exercise of ordinary care might have known, of the unsafe condition of the roof, and he continued to work in the dangerous place without pro tuet or complaint,... | |
 | South Dakota. Supreme Court - 1914 - 748 pages
...which afterwards, on the 8th day of February, 1912, resulted in his death. That the defendants knew, or by the exercise of ordinary care might have known, of the weak and dangerous condition of the said wall, and that, therefore, the death of the said William D.... | |
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The true rule is that if the plaintiff knew, or by the exercise of ordinary care might have known... 
