American Negligence Reports, Current Series: (cited Am. Neg. Rep.) All the Current Negligence Cases Decided in the Federal Courts of the United States, the Courts of Last Resort of All the States and Territories, and Selections from the Intermediate Courts, Together with Notes of English Cases and Annotations, Volume 5John Milton Gardner, Walter James Eagle Remick & Schilling, 1899 - Employers' liability "All the current negligence cases decided in the federal courts of the United States, the courts of last resort of all the states and territories, and selections from the intermediate courts, together with notes of English cases and annotations." (varies) |
From inside the book
Results 1-5 of 100
Page 50
... negligence are that the plaintiff , without fault on his part , has sustained an injury as the proximate consequence of a specific negligent act or of the omission of the defendant . 2. An averment in a petition that the defendant ...
... negligence are that the plaintiff , without fault on his part , has sustained an injury as the proximate consequence of a specific negligent act or of the omission of the defendant . 2. An averment in a petition that the defendant ...
Page 51
... negligence it is not necessary to set out the evidential facts . An allegation that an injury has resulted from a specific negligent act or omission of duty on the part of the defendant , without fault on the part of the plaintiff , is ...
... negligence it is not necessary to set out the evidential facts . An allegation that an injury has resulted from a specific negligent act or omission of duty on the part of the defendant , without fault on the part of the plaintiff , is ...
Page 52
... negligence and freedom from contrib- utory negligence is good against a de- murrer , unless facts specifically set out show the averments to be Citizens ' St. R. Co. v . Abright , 14 Ind . App . 433 . untrue . In an action for damages ...
... negligence and freedom from contrib- utory negligence is good against a de- murrer , unless facts specifically set out show the averments to be Citizens ' St. R. Co. v . Abright , 14 Ind . App . 433 . untrue . In an action for damages ...
Page 53
... negligence . Bunnell v . Berlin Iron Bridge Co. , 66 Conn . 24 . An allegation of negligence in a pleading is a mere conclusion and the facts from which the inference of neg- ligence arises must be pleaded . Omaha & R. V. R. Co. v ...
... negligence . Bunnell v . Berlin Iron Bridge Co. , 66 Conn . 24 . An allegation of negligence in a pleading is a mere conclusion and the facts from which the inference of neg- ligence arises must be pleaded . Omaha & R. V. R. Co. v ...
Page 73
... negligent , but it was the negligence of a fellow- servant , although , in the performance of the work he was the plain- tiff's foreman , for it was not the master's duty to tell the plaintiff to take down threatening fragments of stone ...
... negligent , but it was the negligence of a fellow- servant , although , in the performance of the work he was the plain- tiff's foreman , for it was not the master's duty to tell the plaintiff to take down threatening fragments of stone ...
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Other editions - View all
Common terms and phrases
accident action affirmed alleged APPEAL from judgment appeared appellant appellant's appellee authority carrier charge circumstances complaint condition conductor contributory negligence corporation counsel County crossing danger deceased defect defendant's demurrer duty electric elevator employees employment engine entitled exercise fact favor of plaintiff feet foreman freight train gence ground held highway horse instructed the jury Iowa jury knew liable light Mass master motion N. E. Rep N. J. Law negligence per se nonsuit North Judson opinion ordinary pass passenger plaintiff in error platform pole proximate cause question R. R. Co R'y Co rail Railroad Co railroad company Railway Co railway company recover damages refused remittitur repair risk road rule running servant sewer side station statute stopped street Supreme Court sustained tending to show testified testimony ticket tiff tion track trespasser trial court verdict wire witness
Popular passages
Page 72 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 291 - No individual, partnership, or corporation, claiming or possessing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this State, shall be permitted to exclude the right of way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water ; and the Legislature shall enact such laws as will give the most liberal construction to this provision, so that access to the navigable waters of this State shall...
Page 32 - At the trial, the city objected to the introduction of any evidence in behalf of the plaintiff, on the ground that the petition did not state facts sufficient to constitute a cause of action.
Page 163 - The law has so high a regard for human life that it will not impute negligence to an effort to preserve it, unless made under such circumstances as to constitute rashness in the judgment of prudent persons.
Page 73 - 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 685 - It is not enough that the injuries received may develop into more serious conditions than those which are visible at the time of the injury, nor even that they are likely to so develop. To entitle a plaintiff to recover present damages for apprehended future consequences there must be such a degree of probability of their occurring as amounts to a reasonable certainty that they will result from the original injury.
Page 648 - This rule Is obviously founded on the great principle of social duty, that every man, in the management of his own affairs, whether by himself or by his agents or servants, shall so conduct them as not to injure another; and if he does not, and another thereby sustains damage, he shall answer for it.
Page 373 - That the court erred in instructing the jury that if they found from the evidence that the defendant...
Page 115 - When a thing which causes injury is shown to be under the management of the defendant, 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 a want of care.
Page 432 - Indeed, it is to be noted in this connection that at the close of the evidence the trial court directed a verdict in favor of the local corporation and the conductor.