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" The burden rested upon the plaintiff to prove by a preponderance of the evidence that the negligence of the defendant was the proximate cause of the decedent's injury. "
The Southwestern Reporter - الصفحة 422
1922
عرض كامل - لمحة عن هذا الكتاب

A Treatise on the Law of Damages for Personal Injuries: Embrasing a ...

Archibald Robinson Watson - 1901 - عدد الصفحات: 1040
...complete recovery. "If these views are correct" the learned judge concluded, "it necessarily follows that the negligence of the defendant was the proximate cause of the whole injury." j: 222. Inflammatory Rheumatism. — In another illustrative case exception was taken...

Bulletin of the Department of Labor, العدد 6،الأجزاء 32-37

1901 - عدد الصفحات: 1300
...of not more than $2, and that consequently the plaintiff is precluded from recovery. The jury found that the negligence of the defendant was the proximate cause of the death of the decedent, and that he was not guilty of contributory negligence. There is a conflict of...

The Employers' Liability Acts and the Assumption of Risks in New ..., المجلد 1

Frank Farnum Dresser - 1902 - عدد الصفحات: 906
...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...

The American State Reports: Containing the Cases of General Value ..., المجلد 85

Abraham Clark Freeman - 1902 - عدد الصفحات: 1068
...contributory negligence on the part of the plaintiff's Intestate, the court should Instruct the jury that the negligence of the defendant was the proximate cause of the Intestate's death (p. 739.) Action to recover damages for the negligent killing of the plaintiff's...

North Carolina Reports: Cases Argued and Determined in the ..., المجلد 129

North Carolina. Supreme Court - 1902 - عدد الصفحات: 858
...appears, and there is no evidence of contributory negligence by the intestate, the court should charge that the negligence of the defendant was the proximate cause of the death of the intestate. Mitchell v. Electric Co., 166. Master and Servant — Assumption of Risk —...

A Treatise on Petroleum and Natural and Manufactured Gases

Daniel Douglas Donahue - 1902 - عدد الصفحات: 478
...negligence of the fellow-servant,, was in and of itself a new and efficient cause of injury. Whether the negligence of the defendant was the proximate cause of the injury was a question of fact, also, to be determined by the jury under proper instructions from the court,"...

Cases on the Law of Damages

Floyd Russell Mechem - 1902 - عدد الصفحات: 788
...this must be determined In view of the circumstances existing at the time." Within this definition the negligence of the defendant was the proximate cause of the injury to Mrs. Brown, as there was no other cause not incident to such negligence which intervened to cause...

American Electrical Cases (cited Am Electl. Cas.): Being a ..., المجلد 7

William Weeks Morrill - 1902 - عدد الصفحات: 988
...defendant was guilty of negligence and that the plaintiff was free from oontributory negligence, and that the negligence of the defendant was the proximate cause of the death of the intestate, and that the learned trial judge committed no error in refusing the motion...

American Negligence Reports, Current Series: (cited Am. Neg. Rep ..., المجلد 12

John Milton Gardner, Walter James Eagle - 1903 - عدد الصفحات: 798
...to enable one to recover for damages resulting from the negligent conduct of another, it must appear that the negligence of the defendant was the proximate cause of the injury sustained. It is also a well-recognized principle that where there has intervened between the defendant's...

Lawyers' Reports Annotated, كتاب 58

1903 - عدد الصفحات: 1040
...was the proximate cause." Healey v. Dry Dock, E. В. Л В. R. Co. 14 Jones & S. 473, 481. I think that the negligence of the defendant was the "proximate" cause of the injury, as that word is understood by the courts and elementary writers, and that the defendant, after notice...




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