| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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.... | |
| 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... | |
| 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;... | |
| 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... | |
| 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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