 | 1909 - 1276 pages
...§ 1334.] 6. SAME— PBESÜMPTION OF CARRIER'S NEGLIGENCE. The presumption of a carrier's negligence does not arise from the abstract fact of an accident to a passenger, but whether it exists depends upon the nature of the accident, which must be such as does not in the usual... | |
 | Abraham Clark Freeman - 1909 - 1212 pages
...foresight could not have prevented, (p. 977.) CARRIERS. — A Presumption of Negligence Against a Carrier does not arise from the abstract fact of an accident to a passenger, but from a consideration of the nature and quality of the accident. It must appear that the accident was... | |
 | Abraham Clark Freeman - 1909 - 1216 pages
...consideration of the nature and quality of the accident. It must appear that the accident was such as does not, in the usual course of things, happen to passengers when du« car* is exercised by the carrier. (pp. 977, 978.) ' Robertson, Hall, Woods & Jackson and Dupuy... | |
 | William Mark McKinney, Burdett Alberto Rich - 1914 - 1200 pages
...consideration of the nature and quality of the accident. It must appear that the accident was such as does not, in the usual course of things, happen to passengers when due care is exercised by the carrier.11 If it appears that the act or thing which was the proximate cause of the injury was... | |
 | Virginia. Supreme Court of Appeals - 1909 - 984 pages
...by some cause which human care and foresight could not have prevented. Tho presumption of negligence suggested, does not arise from the abstract fact of...passengers when due care is exercised on the part of the carrier. Thompson on Neg., Vol. 3, sec, 3484 : Richmond By. & Eire. Co. v. Hudgins, 100 V~a., 409.... | |
 | 1926 - 1636 pages
...LJUMN.S.) 316, 128 Am. St. Rep. 971, 62 SE 385, where the court said: "The presumption of negligence suggested does not arise from the abstract fact of...passengers when due care is exercised on the part of the carrier. 3 Thomp. Neg. § 3484 ; Richmond R. & Electric Co. v. Hudgins, 100 Va. 409, 41 SE 736." In... | |
 | 1926 - 1626 pages
...LRA(NS) 316, 128 Am. St. Rep. 971, 62 SE 385, where the court said: "The presumption of negligence suggested does not arise from the abstract fact of...passengers when due care is exercised on the part of the carrier. 3 Thomp. Neg. § 3484; Richmond R. & Electric Co. v. Hudgins, 100 Va. 409, 41 SE 736." In... | |
 | 1926 - 1630 pages
...284 LRA(NS) 316, 128 Ami St/Rep. 971, 62 SE 385, where the court said: "The presumption of negligence suggested does not arise from the abstract fact of...passengers when due care is exercised on the part of the carrier. 3 Thomp. Neg. § 3484; Richmond R. & Electric Co. v. Hudgins, 100 Va. 409, 41 SE 736." In... | |
 | Virginia. Supreme Court of Appeals, Benjamin Watkins Leigh, Conway Robinson, Peachy Ridgway Grattan, James Muscoe Matthews, George W. Hansbrough, Martin Parks Burks - 1909 - 1046 pages
...which human care and foresight could not have prevented. The presumption of negligence suggested docs not arise from the abstract fact of an accident to...passengers when due care is exercised on the part of the carrier. Thompson on Xeg., vol. 3, sec. 3484 ; Richmond Ry. & Elec. Co. v. Hudgins, 100 Va. 409, 41... | |
| |
The presumption of negligence suggested does not arise from the abstract fact of an accident to a passenger, but arises from a consideration of the nature and quality of the accident; and it must appear that it was such an accident as does not, in the... 