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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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Locomotive Firemen's Magazine, Volume 21

Railroads - 1896 - 494 pages
...supposed to have been neglected and how it arose. Cooley on Torts (2nd ed. ) (660) 990. 791. "Wherever 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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The Canada Law Journal, Volume 40

Law - 1904 - 928 pages
...departure, but they differed in their reasons. Brett, MR, laid down as the guiding principle that " wherever one person is by circumstances placed in such a position...everyone 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 the circumstances...
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The Ohio Nisi Prius Reports, Volume 1

Ohio. Courts - Law reports, digests, etc - 1904 - 656 pages
...recovery, embracing all cases of implied invitation, is to be found in the proposition, that wherever one person is by circumstances placed in such a position with regard to another, that every one of ordinary prudence would recognize, that if he did not use ordinary care and skill in his...
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Cases Illustrating the Principles of the Law of Torts

Francis Reynolds Yonge Radcliffe, Sir John Charles Miles - Torts - 1904 - 648 pages
...suggest, and which is, — therefore, to be deduced from them, is that whenever one person retl ' ' 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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The English and Indian Law of Torts

Ratanlal Ranchhoddas, Dhirajlal Keshavlal Thakore - Torts - 1905 - 622 pages
...plaintiff has suffered injury to his person or property*. Whenever one person is, by circumstances,placed in such a position with regard to another that everyone 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,...
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The Elements of Jurisprudence

Thomas Erskine Holland - Jurisprudence - 1906 - 484 pages
...accepted, will doubtless influence judicial speculation upon the subject. According to Brett MR, 'When 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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Lawyers' Reports Annotated, Book 8

Law reports, digests, etc - 1907 - 1366 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...everyone 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...
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The American State Reports: Containing the Cases of General ..., Volume 111

Abraham Clark Freeman - Law reports, digests, etc - 1907 - 1142 pages
...is cited in most of the cases involving the liability of mar!ifacturers toward third persons, that "whenever one person is by circumstances placed in...everyone of ordinary sense who did think would at once reeognl-? that if he did not use ordinary care and skill in his own conduct with regard to those circumstances...
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A Treatise on Electric Law: Comprising the Law Governing All ..., Volume 1

Joseph Asbury Joyce, Howard Clifford Joyce - Electric engineering - 1907 - 1014 pages
...parties are accurately expressed in Heaven v. Fender (LR 11 QB 503), the substance of which is that whenever one person is by circumstances placed in...with regard to another, that everyone of ordinary prudence would recognize that, if he did not use ordinary care and skill in his own conduct with regard...
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Canadian Edition of the Law of Torts

John Frederic Clerk, William Harry Barber Lindsell, Alfred Taylour Hunter - Torts - 1908 - 1216 pages
...the plaintiff. But it has been laid down as a proposition to be deduced from the authorities that " whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did (a) See Sullivan v. Creed, (1904) 2 (c) As to the negligent commumcalr....
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