A Treatise on the Law of Negligence |
From inside the book
Results 1-5 of 46
Page 1
... expected , " § 16 . When the imperfection in the discharge of duty is so gross as to make it improb . able that it was the result of mere inadvertence , then , in proportion to such improbability , does the probability of negligent ...
... expected , " § 16 . When the imperfection in the discharge of duty is so gross as to make it improb . able that it was the result of mere inadvertence , then , in proportion to such improbability , does the probability of negligent ...
Page 12
... expected " by the defendant himself , no liability accrues . § 17. This , however , is not correct . No doubt in actions for an intentional injury , the fact that the injury in question is one that could not have reasonably been expected ...
... expected " by the defendant himself , no liability accrues . § 17. This , however , is not correct . No doubt in actions for an intentional injury , the fact that the injury in question is one that could not have reasonably been expected ...
Page 13
... expected it is probable was intended : this consequence was reasonably to have been expected ; therefore it is probable it was intended . Of course the whole force of the reasoning depends upon the degree of " reasonable expectation ...
... expected it is probable was intended : this consequence was reasonably to have been expected ; therefore it is probable it was intended . Of course the whole force of the reasoning depends upon the degree of " reasonable expectation ...
Page 14
... expected , an intention to produce these consequences could have been in- ferred , and the suit would have been for a malicious trespass . But as a matter of fact , if the consequences could reasonably have been expected , the horse ...
... expected , an intention to produce these consequences could have been in- ferred , and the suit would have been for a malicious trespass . But as a matter of fact , if the consequences could reasonably have been expected , the horse ...
Page 19
... expected , often confounded . Heed- lessness is frequently denoted by the term ' negligence ; and the same term has even been extended to rash- ness or temerity . But the three states of mind are nevertheless dis- tinet ; and , in ...
... expected , often confounded . Heed- lessness is frequently denoted by the term ' negligence ; and the same term has even been extended to rash- ness or temerity . But the three states of mind are nevertheless dis- tinet ; and , in ...
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Common terms and phrases
accident action agent Allen applied bailee Bailments Balt Barb bound carriage casus cattle cause charge circumstances cited collision common carrier common law consequence consignee contract contributory negligence corporation court crossing culpa lata culpa levis culpa levissima damage danger defect defendant defendant's dili diligence diligens paterfamilias distinction doctrine dolus duty employed employee engine evidence Exch exercise fact faute fence fendant fire gence gratuitous gross negligence guilty held liable Hence highway horse Ibid imputable infra injury Judge jurists jury land Law Rep Lex Aquilia ligence loss Mass master ment natural neglect notice omission ordinary owner particular party passenger Penn person plaintiff platform principle proper prudent question R. R. Co Railroad Co railroad company railway reason recover responsible risk road Roman law rule servant skill Smith statute street supra sustained tion track train trespass Ulpian undertakes
Popular passages
Page 664 - ... likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape. He can excuse himself by showing that the escape was owing to the plaintiff's default, or perhaps that the escape was the consequence of vis major, or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.
Page 294 - I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 1 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 513 - The carrier and his customer do not stand on a footing of equality. The latter is only one individual of a million. He cannot afford to higgle or stand out and seek redress in the courts.
Page 386 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 157 - The general rule is. that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved ... It is true, [the master] has not authorized the particular act.
Page 77 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another ; therefore, it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.
Page 664 - ... it seems but reasonable and just that the neighbour who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
Page 198 - But, in truth, the mere relation of the master and the servant never can imply an obligation on the part of the master to take more care of the servant than he may reasonably be expected to do of himself. He is no doubt bound to provide for the safety of his servant, in the course of his employment, to the best of his judgment, information and belief.
Page 285 - The law has so high a regard for human life that it will not impute negligence to an effort to preserve it, unless made under such circumstances as to constitute rashness in the judgment of prudent persons.