The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would... Name-Powers - Page 75by John Mews - 1898Full view - About this book
| Law - 1888 - 556 pages
...he is engaged. The rule is thus stated by Brett, MR, in Heaven v. Fender, 11 QBD 503, at page 500: " Whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care... | |
| Law - 1888 - 564 pages
...embracing all oases of implied invitation, is to be found in the proposition that whenever one person ia by circumstances placed in such a position with regard to another that every one of ordinary prndence would recognize, that if he did not use ordinary care and skill in his... | |
| Law - 1884 - 214 pages
...danger, but whether such proof be made or not. It is established, as it seems to me, because anyone of ordinary sense who did think would at once recognise that if he did not use ordinary care and skill under such circumstances there would be such danger. And everyone ought, by the universally recognised... | |
| Law - 1884 - 206 pages
...danger, but whether such proof be made or not. It is established, as it seems to me, because anyone of ordinary sense who did think would at once recognise that if he did not use ordinary care and skill under such circumstances there would be such danger. And everyone ought, by the universally recognised... | |
| John Mews - Law reports, digests, etc - 1884 - 1046 pages
...Thiirubnrovyb, 2 C. & K. 250. B. RELATIONSHIP OF PARTIES. I. VISITORS AND LICENSEES. Generally.] — Whenever one person is by circumstances placed in such a position with regard to another, that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care... | |
| Horace Smith - Employers' liability - 1884 - 386 pages
...proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that, if he did not use ordinary... | |
| Sydney Hastings - Torts - 1885 - 532 pages
...held not liable (o). Illness may be pleaded as an excuse for an accident, as being the act of God (p). Whenever one person is .by circumstances placed in...regard to another, that everyone of ordinary sense (it) Lynch v. Nurdin, 1 QB 29. Ex. D. 1 ; 46 LJ Ex. 174 ; see Nugent (I) Mangan v. Atherton, LR 1 Ex.... | |
| Law reports, digests, etc - 1885 - 754 pages
...bring it within the rule laid down by the Master of the Rolls in Heaven v. Fender (2), viz., that, whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognise that, if he did not use ordinary... | |
| Sir Walworth Howland Roberts, George Wallace - Employers' liability - 1885 - 610 pages
...act to injure another («). And it has been laid down by an eminent judge as a general principle that whenever one person is by circumstances placed in such a position -with regard to another, that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care... | |
| Francis Taylor Piggott - Torts - 1885 - 448 pages
...proposition which the recognised cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think, would at once recognise that if he did not use ordinary... | |
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