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" If she performs such duties, and. damage results to the tow, which could not have been prevented by the exercise of reasonable care and skill... "
An Analytical Digest of the Cases Published in the New Series of the Law ... - Page 395
by Edmund Story-Maskelyne, Cecil Clare Marston Dale - 1877 - 683 pages
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Reports of Committees: 30th Congress, 1st Session - 48th Congress ..., Volume 3

United States. Congress. Senate - United States - 1880 - 1100 pages
...that the said lire occurred without any fault or negligence on the part of said Gross or family, and could not have been prevented by the exercise of reasonable care and attention and due diligence on the part of said Gross, and that ke can in nowise be chargeable with...
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The Southern Reporter, Volume 7

Law reports, digests, etc - 1890 - 956 pages
...the burden of proof is upon the defendant to satisfy the jury, from the evidence, that such injury could not have been prevented by the exercise of reasonable care and diligence on the part of their employes. If upon this point, as to exercise of reasonable care and...
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The Annals of Mont Blanc: A Monograph

Charles Edward Mathews, Thomas George Bonney - Blanc, Mont (France and Italy) - 1898 - 472 pages
...that of all the sad fatalities in the history of Mont Blanc few have resulted from real accident, or could not have been prevented by the exercise of reasonable care and foresight. Let us enumerate these fatalities in chronological order. In the month of August, 1820,...
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The Judicial Dictionary, of Words and Phrases Judicially Interpreted, to ...

Frederick Stroud - Encyclopedias and dictionaries - 1903 - 820 pages
...the person injured as that but for it the misfortune would not have happened, and the consequences of which could not have been prevented by the exercise of reasonable care and diligence on the part of the other (Buttcrfield v. Forrester, 11 East, 60: Bridge \. Grand Junction...
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The Southeastern Reporter, Volume 60

Law reports, digests, etc - 1908 - 1172 pages
...are not conclusive that the homicide was attributable to the negligence of the deceased person, or could not have been prevented by the exercise of reasonable care and diligence by the agents of the railroad company in charge of the locomotive, the court should submit...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1905 - 842 pages
...hazard, in making it known to the tow. If she performs such duties, and. damage results to the tow, which could not have been prevented by the exercise of reasonable care and skill in the act of towing, she is not liable therefor; but, if she fails in such duties, she is liable...
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The Federal Reporter, Volume 134

Law reports, digests, etc - 1905 - 1060 pages
...hazard, in making it known to the tow. If she performs such duties, and daninge results to the tow, which could not have been prevented by the exercise of reasonable care and skill In the act of towing, she Is not liable therefor; but. If she fails In such duties, she Is liable...
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Mississippi Reports ... Being Cases Argued and Decided in the ..., Volume 67

Mississippi. Supreme Court - Law reports, digests, etc - 1890 - 972 pages
...and imposed upon the defendant the burden of showing to the satisfaction of the jury that the injury could not have been prevented by the exercise of reasonable care, and the instruction closed with the following : " If upon this point, as to exercise of reasonable care...
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Modern Tort Law 6/e

V. H. Harpwood - Law - 2005 - 530 pages
...his part. An inevitable accident is one which no human foresight could have prevented, an accident which could not have been prevented by the exercise of reasonable care on the part of the defendant. In claims for negligence, the consideration that an event is a pure accident...
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