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" ... knew, or by the exercise of reasonable care could have known, that the horse was unsuitable, if in fact it was. "
The Principles of the American Law of Bailments: A Companion to the Author's ... - Σελίδα 50
των John Davison Lawson - 1895 - 667 σελίδες
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 259

Illinois. Supreme Court - 1914 - 718 σελίδες
...and saw the flagging signal given. It is first contended that the proof does not show that the master knew, or by the exercise of reasonable care could have known, that the water car was on the track in such a way as to cause the accident ; that the night boss was never closer...

Reports of Cases Argued and Determined in the Supreme Court of Ohio, Τόμος 73

Ohio. Supreme Court - 1906 - 554 σελίδες
...greatly injured and lessened to his damage in the sum of ten thousand ($10,000) dollars. Plaintiff says that the defendant knew, or by the exercise of reasonable care, could have known, that said roof was unsafe and dangerous, and with said knowledge, carelessly and negligently assured and...

The Central Law Journal, Τόμος 7

1878 - 540 σελίδες
...waa defective and that the plaintiff was without fault; it must be shown further that the employer knew, or by the exercise of reasonable care, could have known that the machinery was insufficient. APPEAL from the Circuit Court of Washington County. Vail & Donaldson, for...

Pacific Coast Law Journal: Containing All the Decisions of the ..., Τόμος 2

1879 - 556 σελίδες
...was defective, and that the plaintiff was without fault. It must be shown further, that the employer knew, or by the exercise of reasonable care could have known, that the machinery was insufficient. Elliott vs. St. L. Iron Mountain, etc-, R- R- Co., Sup. Ct. Mo. (7 Cent....

The Southern Law Review, Τόμος 4

1879 - 924 σελίδες
...not only that the machinery was defective, and that plaintiff was without fault, but that the master knew, or by the exercise of reasonable care could have known, that the machinery was insufficient — Elliott v. St. L/ouis, etc., R. Co., Sup. Ct Mo., Cent. LJ, Oct 18,...

The Pacific Reporter, Τόμος 110

1910 - 1172 σελίδες
...to the allegation concerning knowledge, the court said: "The declaration states that the defendants 'knew, or by the exercise of reasonable care could have known, that a portion of the staging projected into the elevator well.' This is not an allegation that the defendants...

The Pacific Reporter, Τόμος 146

1915 - 1246 σελίδες
...the point where it reached the east bank, as alleged in the complaint, and if you believe from the evidence that the defendant knew, or, by the exercise of reasonable care and diligence, ought to have known, that said bridge was so insufficient, and that it was dangerous...

The Northeastern Reporter, Τόμος 83

1908 - 1168 σελίδες
...secured to the mold by Iron bands ; that at the time the plaintiff was ordered to unfasten the cover the defendant knew, or by the exercise of reasonable care could have known, that Its contents were in a treated and explosive condition and were not sufficiently cooled to be safely...

Atlantic Reporter, Τόμος 73

1909 - 1162 σελίδες
...dispositions. The learned judge directed the jury to find a verdict for the defendant on the ground that there was "no evidence that the defendant knew,...exercise of reasonable care could have known, that the mare was unsuitable for use, if in fact she was so." The plaintiff has taken this appeal. The relation...

The Atlantic Reporter, Τόμος 58

1904 - 1132 σελίδες
...staging over the hole, nor that they knew It was so moved. The declaration states that the defendants "knew, or by the exercise of reasonable care could have known, that a portion of the staging projected into the elevator well." This is not an allegation that the defendants...




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