 | 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 - 1871 - 636 pages
...material to the decision. Such a doctrine would require the exercise of the highest degree of diligence on the part of the defendant to protect the plaintiff from the consequences of hia own negligence. In the case before us, each party had a right of passage, limited... | |
 | Francis Wharton - Negligence - 1874 - 960 pages
...trains apthe decision. Such a doctrine would require the exercise of the highest degree of diligence on the part of the defendant to protect the plaintiff from the consequences of his own negligence. " In the case before us, each party had a right of passage, limited... | |
 | Law reports, digests, etc - 1914 - 1230 pages
...involving actionable negligence there are necessarily three elements essential to its existence : (1) The existence of a duty on the part of the defendant...plaintiff from the injury of which he complains; (2) a 140 P.-27 failure by the defendant to perform that duty; and (3) an injury to the plaintiff from such... | |
 | Law reports, digests, etc - 1915 - 1234 pages
...Рас. 184. In the Faris Case it is said that three elements are necessary to sustain such actions: "The existence of a duty on the part of the defendant...the plaintiff from the injury of which he complains; a failure by the defendant to perform that duty ; and, an injury to the plaintiff from such failure... | |
 | Law reports, digests, etc - 1922 - 1158 pages
...duty on the part of defendant to protect plaintiff from the injuries complained of; (2) the failure of defendant to perform that duty; and (3) an injury to the plaintiff from such breach of duty by the defendant. When these elemente are brought together they unitedly constitute... | |
 | Law reports, digests, etc - 1915 - 1128 pages
...1*) — "ACTIONABLE NEGLIGENCE"— WHAT CONSTITUTES. The three elements of actionable negligence are the existence of a duty on the part of the defendant...the plaintiff from the injury of which he complains, the defendant's failure to perform that duty, ami the injury resulting from such failure. [Ed. Note.—... | |
 | Law reports, digests, etc - 1920 - 960 pages
...SHOWING EXISTENCE OF DUTY TO BE ALLEGED. In charging negligence, it is necessary to plead facts showing the existence of a duty on the part of the defendant to use care in favor of the plaintiff, and the duty required to be shown is the positive duty to use care... | |
 | Sir Walworth Howland Roberts, George Wallace - Employers' liability - 1885 - 610 pages
...breach of duty (//) . It is essential to the successful maintenance of an action for negligence to show the existence of a duty on the part of the defendant to the phintijf, and a loss suffered as a direct consequence of the breach of such duty (s). With respect... | |
 | Law reports, digests, etc - 1912 - 1060 pages
...involving actionable negligence, there are necessarily three elements essential to Its existence: (1) The existence of a duty on the part of the defendant...from the injury of which he complains; (2) a failure by the defendant to perform that duty ; and (3) an injury to the plaintiff from such failure of the... | |
 | Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - Law reports, digests, etc - 1912 - 938 pages
...involving actionable negligence, there are necessarily three elements essential to its existence : ( 1 ) The existence of a duty on the part of the defendant...from the injury of which he complains; (2) a failure by the defendant to perform that duty; and (3) an injury to the plaintiff from such failure of the... | |
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In every case involving actionable negligence, there are necessarily three elements essential to Its existence: (1) The existence of a duty on the part of the defendant to protect the plaintiff from the injury of which he complains; (2) a failure by the... 
