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" 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 75
by John Mews - 1898
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Albany Law Journal, Volume 37

Law - 1888
...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...
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Albany Law Journal, Volume 36

Law - 1888
...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...
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The Manitoba Law Journal, Volume 1

Law - 1884
...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...
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The Manitoba Law Journal, Volume 1

Law - 1884
...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...
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A Digest of the Reported Decisions of the Courts of Common Law ..., Volume 5

John Mews - Law reports, digests, etc - 1884
...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...
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A Treatise on the Law of Negligence

Horace Smith - Employers' liability - 1884 - 312 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...
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A Treatise on Torts: And the Legal Remedies for Their Redress

Sydney Hastings - Torts - 1885 - 455 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....
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The Law Reports. Queen's Bench Division, Volume 15

Law reports, digests, etc - 1885
...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...
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The Duty & Liability of Employers as Well to the Public as to Servants and ...

Sir Walworth Howland Roberts, George Wallace - Employers' liability - 1885 - 551 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...
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Principles of the Law of Torts

Francis Taylor Piggott - Torts - 1885 - 416 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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