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" Held, that as the deceased had no right to be where he was at the time of the accident, and as the awning was a lawful structure, the city was not liable. "
Reports of Cases at Law and in Chancery Argued and Determined in the Supreme ... - Página 440
por Illinois. Supreme Court - 1920
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Albany Law Journal, Volume 38

1889 - 546 páginas
...overturned iu his fall, and striking him ou the chest, csusing his death. Held, that as the deceased had no right to be where he was at the time of the accident, and as the awning was a lawful structure, the city was not liable. To hold the city liable for the...
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The Duty & Liability of Employers as Well to the Public as to Servants and ...

Sir Walworth Howland Roberts, George Wallace - 1885 - 610 páginas
...duty is owed only by those who are personally aware of his presence (A). If, however, the stranger has a right to be where he was at the time of the accident as where work is being done on a highway, his claim against the master stands on a totally different...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 40

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1892 - 718 páginas
...guilty." In connection with the refusal of the court to instruct the jury that "if the plaintiff had no right to be where he was at the time of the accident complained of, then the defendant was not answerable for the injury, unless it was done wilfully,"...
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Commentaries on the Law of Public Corporations: Including ..., Volume 2

Charles Fisk Beach (Jr.) - 1893 - 942 páginas
...his fall, and striking him on the chest, causing his death. It was held that as the deceased had no right to be where he was at the time of the accident, and as the awning was a lawful structure, the city was not liable. Gaughiin v. Philadelphia, 119 Penn....
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1893 - 770 páginas
...instructed as a matter of law that, if you believe from all the evidence in this case the plaintifl had no right to be where he was at the time of the accident, then the defendant was not answerable f°r the injury unless it was done willfully." This instruction...
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The American and English Railroad Cases: A Collection of All Cases ...

1897 - 840 páginas
...was obscure and calculated to confuse the jury, and failed to state any facts upon which he had no right to be where he was at the time of the accident. North Chicago St. R. Co. ?. Williams, 52 Am. & Eng. R. Cas. 522, 140 111. 275, 29 NE Rep. 672; affirming...
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Reports of Cases Determined in the Appellate Courts of Illinois, Volume 194

Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, Basil Jones, James Max Henderson, Ray Smith - 1916 - 740 páginas
...defendant is without merit. It is secondly contended by counsel for defendant that, even though plaintiff had a right to be where he was at the time of the accident, still, defendant, in the exercise of ordinary care, was only required to so place its wires that they...
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Cases Decided in the Supreme Court of Appeals of Virginia, Volume 135

Virginia. Supreme Court of Appeals - 1923 - 958 páginas
...to and from his work (a fact which upon this appeal must be regarded as established), he had as much right to be where he was at the time of the accident as if his actual employment had been at that place, and there was, therefore, as much obligation on...
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Reports of the Exchequer Court of Canada, Volume 20

Canada. Exchequer Court, Charles Morse, Arnold Willard Duclos - 1921 - 554 páginas
...permission to pass over the tracks, but we do not prevent any one from doing so." The suppliant had no right to be where he was at the time of the accident, and in no case, can this passive leave to go across without objection, referable to the obliging act...
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The Law of Municipal Corporations, Volume 7

Eugene McQuillin - 1928 - 1032 páginas
...use by children.6 On the other hand, a child, the same as an adult, cannot recover where he had no right to be where he was at the time of the accident, and the cause of the injury was his wantonly reckless act.6 § 2947 (2758). Automobilists. If the street...
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