 The res, therefore. includes the attending circumstances, and, so defined, the application of the rule presents principally the question of the sufficiency of circumstantial evidence to establish, or to justify the jury in inferring, the existence of...  The Southwestern Reporter - Página 4221909Visualização integral - Acerca deste livro
 | 1905 - 1164 páginas
...that the injured person is able to offer, or that it is necessary to offer." The "res," therefore, includes the attendant circumstances, and, so defined,...fact in issue — the defendant's negligence. The maxim is also in part based on the consideration that, where the management and control of the thing... | |
 | 1906 - 1270 páginas
...being derailed, the presumption of negligence arises. The 'res,' therefore, Includes the attending circumstances, and, so defined, the application of...principal fact In Issue — the defendant's negligence. • * » But the question in every case is the same whether the circumstances surrounding the occurrence... | |
 | New York (State). Supreme Court. Appellate Division - 1908 - 1078 páginas
...that it is necessary to offer." The court proceeds : " * * * The ' res ' * * * includes the attending circumstances, and so defined the application of the...principal fact in issue, the defendant's negligence." The court also quotes with approval from Benedick v. Potts (88 Md. 55) as follows : " In no instance can... | |
 | New York (State). Supreme Court. Appellate Division - 1906 - 1080 páginas
...being derailed, the presumption of negligence arises. The ' res,' therefore, includes the attending circumstances, and, so defined, the application of...principal fact in issue, the defendant's negligence. * * * But the question in every case is the same whether the circumstances surrounding the occurrence... | |
 | New York (State). Supreme Court. Appellate Division - 1910 - 1076 páginas
...inference of negligence. * * * The 'res,' therefore, includes the attending circumstances, and so denned, the application of the ,rule presents principally...principal fact in issue, the defendant's negligence." The court then comments upon two cases, saying : " In Mullen, v. St. John (57 N". Y. 567) it was held that... | |
 | New York (State). Supreme Court. Appellate Division - 1902 - 766 páginas
...sufficient to require the submission of the question of the defendant's negligence to the jury ; that " the application of the rule presents principally the...principal fact in issue, the defendant's negligence ; " that the maxim is also in part based on the consideration that where the management and control... | |
 | New York (State). Supreme Court. Appellate Division - 1905 - 774 páginas
...applicable wherever issues of fact are to be determined either in civil or criminal actions. * * * But the question in every case is the same whether the...to justify the jury in inferring the fact in issue. * * * This is the principle which underlies the maxim of ' res ipsa loquitur.' When the facts and circumstances... | |
 | John Milton Gardner, Walter James Eagle - 1901 - 836 páginas
...presumption of negligence arises. The res, therefore, includes the attending circumstances, and, so denned, the application of the rule presents principally the...fact in issue — the defendant's negligence. The maxim is also in part based on the consideration that where the management and control of the thing... | |
 | Abraham Clark Freeman - 1902 - 1074 páginas
...presumption of negligence arises. The "res," therefore, includes the attending circumstances, and, BO defined, the application of the rule presents principally...principal fact in issue, the defendant's negligence. The maxim is also in part based on the consideration that where 194 the management and control of the thing... | |
 | 1902 - 1242 páginas
...sufficient to require the submission of the question of the defendant's negligence to the jury; that "the application of the rule presents principally...principal fact in issue, — the defendant's negligence" ; that the maxim is also in part based on the consideration that, where the management and control... | |
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