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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
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Reports of Cases Determined in the Courts of Appeal of the State ..., المجلد 15

1911 - عدد الصفحات: 964
...railroad company, ft is held, upon a review of the evidence, that the jury was fully warranted in finding that the negligence of the defendant was the proximate cause of the killing of the sheep, and that there had been no negligence on the part of plaintiff contributing to...

American law reports annotated, المجلد 57

1928 - عدد الصفحات: 1606
...element." In other words, it was a question of fact that should have been submitted to the jury whether the negligence of the defendant was the proximate cause of the injury; that is, if it set out fire at a place where children would be attracted, and a child too young to know or appreciate...

Westmoreland Law Journal, المجلد 6

1917 - عدد الصفحات: 268
...or for the purpose of mere embellishment onlj. A statement ot claim In negligence must affirmatively show that the negligence of the defendant was the proximate cause of the injury. Where in a statement of clain ihe specific thing that produced the injury v.jmplaincd of was that one...

Reports of Cases Determined in the Appellate Courts of Illinois, المجلد 159

Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1911 - عدد الصفحات: 718
...negligence of the defendant. Boender v. City of Harvey, 159 111. App. 333. To warrant a finding by the jury that the negligence of the defendant was the proximate cause of the injury, the evidence must be such that the jury might properly find that the injury was the natural and probable...

California Appellate Decisions, المجلد 19

California. District Courts of Appeal - 1914 - عدد الصفحات: 890
...highway in the same direction that the plaintiff was traveling, that the implied findings of the jury that the negligence of the defendant was the proximate cause of the injury based upon the evidence of the plaintiff, whose account of the circumstances surrounding the collision...

Cases Reported in the Supreme Court of Appeals of Virginia, المجلد 110

Virginia. Supreme Court of Appeals - 1910 - عدد الصفحات: 1078
...verdict cannot be found on mere conjecture, but there must be affirmative and preponderating proof that the negligence of the defendant was the proximate cause of the injury of which rbe plaintiff complains, or that its negligence concurred with that of the Danville Railway...

Pittsburgh Legal Journal, المجلد 36

1889 - عدد الصفحات: 508
...employer the gist of the action is negligence, and the burden of proof rests upon the plaintiff to prove that the negligence of the defendant was the proximate cause of the Injury. A boy employed to ell the machinery In (ho breaker was sent into the mine to drive a mule and was injured...

Reports of Cases Determined in the Supreme Court of the State of ..., المجلد 136

California. Supreme Court - 1902 - عدد الصفحات: 876
...— PROXIMATE CAUSE OF INJURY — ERROR IN GRANTING NONSUIT. — In such case the question whether the negligence of the defendant was the proximate cause of the injury to the inexperienced servant is a question of fact which should be left to the jury, and could not...

Reports of Cases Determined in the Appellate Courts of Illinois, المجلد 111

Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1904 - عدد الصفحات: 728
...fair and reasonable intendment, sustain it. 2. PROXIMATE CAUSE— how determined. The question whether the negligence of the defendant was the proximate cause of the injury complained of, is one of fact for the determination of the jury. Action on the case for personal injuries....

Reports of Cases in Law and Equity, Determined in the Supreme ..., المجلد 65

Iowa. Supreme Court - 1886 - عدد الصفحات: 856
...Hudson, for appellee. SEEVERS, J. — I. The material question presented in this record is whether the negligence of the defendant was the proximate cause of the injury received hy the in supreme plaintiff. The evidence tended to show that the court: * n»^tu>ns rails...




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