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" ... from the evidence, that the injury complained of was caused by the negligence of the defendant's... "
The American and English Railroad Cases: A Collection of All the Railroad ... - Page 145
edited by - 1889
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 26

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1867 - 610 pages
...follow, are wrong, yet we think that the complaint in the case in judgment is bad for not alleging that the injury complained of was caused by the negligence of the defendant. The fact that the defendant pointed out the place as a safe one for unloading the lumber...
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Civil malpractice: a treatise on surgical jurisprudence

Milo Adams McClelland - 1877 - 588 pages
...taken. An answer of two paragraphs was then filed. The first was the general denial. The second alleged that the injury complained of was caused by the negligence of the plaintiff and his said infant son, and not the unskilfulness and neglect of the appellants. After an...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 11

Law reports, digests, etc - 1881 - 676 pages
...valve. E. Countryman, for plff. Hamilton Harris, for deft. Held, That it was made manifestly to appear that the injury complained of was caused by the negligence of the intestate himself, or of those engaged with him in the attainment of a common object, as employees...
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The Pacific Reporter, Volume 3

Law reports, digests, etc - 1884 - 938 pages
...the defendant's agents * * * and servants, as charged in the petition." It has at all times admitted that the injury complained of was caused by the negligence of the plaintiff and Nelson in not keeping the rope wet, and claims that they were its agents and servants...
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volume 12

Law - 1884 - 438 pages
...the same case is bad, to wit: " You cannot find defendant guilty unless you believe from the evidence that the injury complained of was caused by the negligence of the defendant and the plaintiff was without fault" (p. 439); the reasons for this are given in this case....
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The Atlantic Reporter, Volume 91

Law reports, digests, etc - 1915 - 1106 pages
...pleadings and the plaintiff's evidence. [1] The first and amended second counts of the declaration declare that the injury complained of was caused by the negligence of the defendant's servants in failing to make the stage or scaffold fast by "proper guy lines," and in neglecting...
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The Pacific Reporter, Volume 14

Law reports, digests, etc - 1887 - 956 pages
...case to this court for review. 6eo. X. Peck, AB Clark, and AA Hard, for plaintiff in error. JD McCue, for defendant in error. CLOGSTON, C. The defendant...caused by the negligence of the defendant, or its agentĀ» or servants. As to the first of these propositions we think the learned counsel is in error;...
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The Southwestern Reporter, Volume 10

Law reports, digests, etc - 1889 - 1028 pages
...of the wagon-road crossing, and that in fact plaintiff is guilty of no contributory negligence, and that the injury complained of was caused by the negligence of the defendant's employes in operating the railroad train of the defendant, you will lind for the plaintiff...
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Sackett's Instructions and Requests for Instructions in Jury Trials ...

Frederick Sackett, Martin L. Newell - Instructions to juries - 1888 - 836 pages
...the time of the alleged injury, as disclosed by the evidence; and if you believe, from the evidence, that the injury complained of was caused by the negligence of the defendant's servants, as charged in the declaration, and without any greater want of care and skill...
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Reports of the Decisions of the Appellate Courts of the State of ..., Volume 15

Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1892 - 744 pages
...south as appellee was attempting to cross the defendant's railroad trucks. It is claimed by each party that the injury complained of was caused by the negligence of the other. We shall not rehearse the evidence in detail, it being sufficient to say that the testimony...
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