Cases on Legal LiabilityHarvard University Press, 1915 - 820 páginas |
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Términos y frases comunes
accident action affirmed alleged appears appellant applied arrest assault assault and battery authority charge circumstances cited committed common law concurring contract convicted counsel criminal damages danger death deceased declaration defendant defendant's demurrer duty employment engine escape evidence facts false imprisonment felony fendant fire force foreseen ground guilty held highway homicide horse horse car indictment inflicted injury intent intervening intervening cause intoxication judge judgment jury Justice justified killed liable Lord manslaughter Mass murder natural and probable necessary negligent act negligently set nuisance officer opinion ordinary owner party person plaintiff plaintiff in error premises present principle prisoner probable consequence proximate cause purpose question Railroad Railroad Co Railway reason recover refused remote Reported responsible result rule se defendendo servant statute street SUPREME COURT sustained tiff tion Torts track trespass trial turnstile unlawful verdict wife wound wrongful act
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Página 393 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Página 156 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Página 8 - All the laws, which have heretofore been adopted, used, and approved in the province, colony or state of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the Legislature; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.
Página 468 - The proximate cause of an event must be understood to be that which in a natural and continuous sequence, unbroken by any new, independent cause, produces that event, and without which that event would not have occurred.
Página 735 - Law, says, in the case of justifiable self-defence, the injured party may repel force with force, in defence of his person, habitation, or property, against one who manifestly intendeth and endeavoreth, with violence or surprise, to commit a known felony upon either. In these cases, he is not obliged to retreat, but may pursue his adversary, till he findeth himself out of danger, and if in a conflict between them he happeneth to kill, such killing is justifiable.
Página 570 - BWCC 527, where the House of Lords reversed the decision of the Court of Appeal...
Página 450 - The injury must be the direct result of the misconduct charged ; but it will not be considered too remote if, according to the usual experience of mankind, the result ought to have been apprehended. The act of a third person, intervening and contributing a condition necessary to the injurious effect of the original negligence, will not excuse the first wrongdoer, if such act ought to have been foreseen. The original negligence still remains a culpable and direct cause of the injury. The test is to...
Página 353 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence ; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Página 709 - When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony...
Página 142 - The true rule is that what is the proximate cause of an injury is ordinarily a question for the jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.