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action actual adopted allow answer anticipated appears applied arises assumed avoid bound breach cause of action child circumstances clear common complete condition conduct consequence considerations considered contract contributory negligence course court culpability damage danger defendant defendant's negligence determine doctrine duty duty of care effect element escape exception exercise existence extent fact fails failure fire foreseen gence give ground hand harm held hold horse important injury intervening jury known knows land landowner leading legal cause liable licensee loss Mass matter means natural obvious occurred ordinarily ordinary prudence owed particular physical plain plaintiff plaintiff's injury premises presence principle probable problem proximate cause question reason recognize recover recovery regarded relation remote respect responsibility result rule safety seems seen sense standard street suppose sustained third person tion tort treated trespasser unsafe usually
Page 6 - 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 61 - But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligent or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 57 - The true rule is that what is the proximate cause of an injury is ordinarily a question for the Jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.
Page 12 - 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 at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such...
Page 37 - But the case in hand stands on a different ground. The defendant was a dealer in poisonous drugs. Gilbert was his agent in preparing them for market. The death or great bodily harm of some person was the natural and almost inevitable consequence of the sale of belladonna by means of the false label.
Page 9 - If a person brings or accumulates on his land anything which, if it should escape, may cause damage to his neighbour, he does so at his peril If it does escape, and cause damage, he is responsible, however careful he may have been, and whatever precautions he may have taken to prevent the damage.
Page 87 - ... a proposition is stated that appears to be without any basis either in good sense or law. The conversion of the infant, who is entirely free from fault, into a wrong-doer, by imputation, is a logical contrivance uncongenial with the spirit of jurisprudence. The sensible and legal doctrine is this, an infant of tender years cannot be charged with negligence; nor can he be so charged with the commission of such fault by substitution, for he is incapable of appointing an agent, the consequence being,...
Page 87 - And when he complains of wrongs to himself, the defendant has a right to insist that he should not have been the heedless instrument of his own injury.
Page 37 - It is well settled that a man who delivers an article, which he knows to be dangerous or noxious, to another person, without notice of its nature and qualities, is liable for any injury which may reasonably be contem"plated as likely to' result, and which does in fact result, therefrom, to that person or any other, who is not himself in fault.
Page 88 - ... logical contrivance uncongenial with the spirit of jurisprudence. The sensible and legal doctrine is this : an infant of tender years cannot be charged with negligence, nor can he be so charged with the commission of such fault by substitution, for he is incapable of appointing an agent ; the consequence being that he can in no case be considered to be the blamable cause, either in whole or in part, of his own injury. There is no injustice nor hardship in requiring all wrongdoers to be answerable...