...thereof accompanying an honest but mistaken treatment. Hickinbottom v. Kail-road Co., 15 NY St. Rep. 15. The negligence of the defendant was the proximate cause of the injury to the plaintiff, and it is liable for the actual damages which naturally followed thereon, where the...

...the courts except in the clearest of cases." Unless there was a clear absence of evidence tending to show that the negligence of the defendant was the proximate cause of the injury, or unless it was clearly established by the evidence that the negligence of the plaintiff contributed...

...failing to stop or diminish the speed of the train, it would follow that the Court must hold, as law, that the negligence of the defendant was the proximate cause of the injury. The authorities do not sustain the position assumed by counsel. It makes no difference how short an...

...negligence, when the Injury was not wantonly, maliciously, or intentionally Inflicted, It must appear that the negligence of the defendant was the proximate cause of the injury, and It must not appear that the negligence of the plaintiff contributed to that injury. When a diligent...

...circumstances. Any service but prompt service would be worthless, so prompt service was required. The jury found that the negligence of the defendant was the proximate cause of the damage suffered by the plaintiff. The defendant must be held to have known the dangerous character...

...consequent mistaken effort to escape, it will not be such negligence as will disentitle him to recover. The negligence of the defendant was the proximate cause of the injury. B. & 0. R. Ii. Co. v. McKenzie, 81 Va. JJep. 79. It is clear, we think, that in this case the injury...

...escape had been made, no injury would have been suffered. The principle upon which those cases rest is that the negligence of the defendant was the proximate cause of the injury to the plaintiff, and so long as the injury can be traced to that cause, in absence of any other intelligent...

...chance if he had been there at that Urne than when he arrived. This Is the substance of the testimony to show that the negligence of the defendant was the proximate cause of the damages sustained by the plaintiff. The defendant moved for a 'nonsuit, on the ground, among others,...

...damages for the negligent act of the defendant, the plaintiff must, in order to establish the fact that the negligence of the defendant was the proximate cause of the injury complained of, show that it was reason" Atkinson v. Goodrich Transp. Co., 6O Wis. 163, 18 NW 764. able...

...chance if he had been there at that time than when he arrived. This is the substance of the testimony to show that the negligence of the defendant was the proximate cause of the damages sustained by the plaintiff. The defendant moved for a nonsuit, on the ground, among others,...