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... The Atlantic Reporter - Página 2881901Vista completa - Acerca de este libro
| 1903 - 1240 páginas
...the test of defendant's liability Is that the consequences of the act complained of were such as, in the surrounding circumstances of the case, might and ought to have been foreseen by the defendant. Poeppers v. Railway Co., 67 Mo. 715, 29 Am. Rep. 518; Stanley v. Railway Co., 114 Mo. 606,... | |
| Thomas Gaskell Shearman, Amasa Angell Redfield - 1888 - 720 páginas
...that the injury must be the natural and probable consequence of the negligence, such a consequence as, under the surrounding circumstances of the case,...the •wrong-doer, as likely to flow from his act" (per Paxson, J., Pittsburgh So. R. Co. v. Taylor, 104 Penn. St. 306 ; SP Hoag v. Lake Shore, &c. R.... | |
| Frederick Sackett, Martin L. Newell - 1888 - 836 páginas
...to be deemed the proximate cause of an injury, nn'ess the injury was snch a consequence of the act as, under the surrounding circumstances of the case, might and ought to have been foreseen or anticipated by an ordinarily reasonable and prudent man, as reasonably likely to flow from the act.... | |
| 1914 - 1282 páginas
...that the Injury must be the natural aud probable consequence of the negligence ; such a consequence as, under the surrounding circumstances of the case, might and ought to have been seen by the wrongdoer as likely to flow from his act." Mitchell v. Rochester Ry. Co., 151 NY 107, 45... | |
| New York (State). Marine Court (New York), Daniel T. Robertson, Edward Jacobs - 1889 - 484 páginas
...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 wroug-doer, as likely to now from his act. " Applying this rule to th.- facts of the present case,... | |
| Pennsylvania. Supreme Court - 1891 - 858 páginas
...stated : " 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 seen by the wrong-doer as liable to flow from his act :" Pa. RR v. Hope, 80 Pa. 377 ; Beach, Con. Neg.,... | |
| John Forrest Dillon - 1890 - 894 páginas
...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 benn foreseen by the wrong-doer as likely to flow from his act." Hoag ». Lake Shore & MSRR Co., 85... | |
| John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1891 - 1052 páginas
...must be the natural and probable consequence of the [defendant's] negligence — such a consequence, as, under the surrounding circumstances of the case,...foreseen by the wrongdoer as likely to flow from his act. This is not a limitation of the maxim causa proximo, non remota spectatur; it only affects its application."... | |
| 1891 - 932 páginas
...The injury must be the natural and probable consequence of the negligence — such a consequence as might and ought to have been foreseen by the wrong-doer as likely to flow from his act. Pennsylvania R. Co. v. Kerr, 62 Pa. 353; Pennsylvania R. Co. V.Hope, 80 Pa. 373; Hoag v. Lake Shore... | |
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