| Abraham Clark Freeman - 1893 - 1030 páginas
...foreseen, then the accident was not the proximate cause. The rule on this subject is as follows: " In determining what is proximate cause, the true rule...consequence as, under the surrounding circumstances of the d, might and ought to have been seen by the wrong-doer as likely to flow from his act": Pittsburgh... | |
| Abraham Clark Freeman - 1893 - 1074 páginas
...reversed, and the cause remanded. — PROXIMATE CAUSE. — In determining what U proximity of cause, tbe true rule is, that the injury must be the natural...consequence of the negligence; such a consequence as, nnder the circumstances of the case, might and onght to have been foreseen by the wrong-doer as likely... | |
| Albert Barnes Weimer - 1893 - 788 páginas
...caused by the cars frightening a horse.1 The injury must be the natural and probable consequence of negligence, such a consequence as, under the surrounding...circumstances of the case, might and ought to have been foreseen by the wrong-doer is likely to flow from his act. Thus, where a person knew that there were... | |
| New York (State). Courts - 1906 - 800 páginas
...language of Judge McAdam in Connelly v. Rist, 20 Misc. Rep. 81, is applicable to this case. He says: "The true rule is that the injury must be the natural and necessary Supreme Court, July, 1906. [Vol. 48. consequence of the defendant's acts (Ryan v. RR Co.,... | |
| William Francis Bailey - 1894 - 674 páginas
...practical business of life. We think this difficulty may be avoided by adhering to the principle that, in determining what is proximate cause, the true rule...circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act." The facts in the case to which this language... | |
| 1894 - 1228 páginas
...accident was not the proximate cause. The rule on this subject is as follows: 'In determining what is the proximate cause, the true rule is that the injury...circumstances of the case, might and ought to have been seen by the wrongdoer as likely to flow from his act. Tested by this rule, we regard the injury as... | |
| Indiana. Appellate Court - 1894 - 814 páginas
...are undisputed and the intervening agency is manifest, the question is one for the court, and that in determining what is proximate cause the true rule...natural and probable consequence of the negligence, such consequence, as under the surrounding circumstances of the case, might and ought to have been foreseen... | |
| Frederick Pollock - 1894 - 842 páginas
..."The true rule is that the injury must be the natural ami probable consequence ot the (defendant's) negligence — such a consequence, as, under the surrounding...circumstances of the case, might and ought to have been foreseen by the wrong-doer as likely to flow from his act. This is not a limitation of the maxim causa... | |
| Frederick Pollock - 1894 - 842 páginas
...generally accepted and applied by the courts of the United States. Thus, in a leading case it was said : "The true rule is that the injury must be the natural and probable consequence of the (defendant's) negligence — such a consequence, as, under the surrounding circumstances of the case,... | |
| Abraham Clark Freeman - 1894 - 1070 páginas
...least as it applies to negligent acts, is that, "in determining what is the proximate cause, the trne rule is that the injury must be the natural and probable consequence of the negligence: Hoag r. Lake Shore etc. Ry. Co., 85 Pa. St. 293; 27 Am. Rep. 653; Pennsylvania RR Co. v. Ken; 62 Pa.... | |
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