 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
 | Abraham Clark Freeman - Law reports, digests, etc - 1896 - 1066 pages
...ground of recovery, embracing all cases of implied invitation, is to be found in the proposition that whenever one person is, by circumstances, placed in such a position with regard to another *OT that every one of ordinary prudence would recognize that, if he did not use ordinary care and skill... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1896 - 1072 pages
...ground of recovery, embracing all cases of implied invitation, is to be found in the proposition that whenever one person is by circumstances placed in such a position, with regaH to another, that every one of ordinary prudence would recognixe, that if he did not use ordinary... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1897 - 1070 pages
...neglect of duty. The rule was stated by Brett, 11. R., in Heaven v. Fender, LR 11 QB Div. 503, 509, that, "whenever one person is, by circumstances, placed...to another that everyone of ordinary sense who did tliink would at once recognize that, if he did not use ordinary care and skill in his own conduct with... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1897 - 1064 pages
...from an omission on its part to exercise such care. NEGLIGENCE, DUTY OP ONE PERSON TO ANOTHER.Wbenever one person is by circumstances placed In such a position...regard to another that everyone of ordinary sense would at once recognize that, if he did not use ordinary care and skill in his own conduct with regard... | |
 | Arthur Robinson - Employers' liability - 1898 - 164 pages
...MR, laid down the following principle, which goes a step further in favour of the plaintiff (s) : — "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... | |
 | John Mews - Courts - 1898 - 632 pages
...destroyed : — Held, that the wife hail a cause of action, and that the. declaration was good. 1Ъ, Whenever one person is by circumstances placed in such a position with regañí to another, that every one of ordinary sense who did think would at once recognise that if... | |
 | John Dawson Mayne, Sir Lumley Smith - Damages - 1899 - 776 pages
...was liable for the injuries that he received. Brett, 3I.lt., laid down the general proposition " 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 care... | |
 | Arthur Underhill, Hubert Stuart Moore - Criminal act - 1900 - 438 pages
...staging was safe, and that for neglect of that duty the defendant was liable. As Lord Esher, ME, said: "Whenever one person is by circumstances placed in...position with regard to another, that everyone of common sense, who did think, would at once recognize that if he did not use ordinary care and skill... | |
 | John Skirving Ewart - Estoppel - 1900 - 608 pages
...i lie Bubjet in cli. XXVL 5. The following general statements of the law are not too comprehensive: "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... | |
 | Frederick Pollock - Law - 1900 - 550 pages
...formulated in the following well-known passage of Lord Esher's opinion in Heaven v. Pender ° : — ' 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... | |
| |
