Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Τόμος 20

Εξώφυλλο
William Mark McKinney
Edward Thompson Company, 1918
 

Περιεχόμενα

Usage or Custom as Standard
27
Intellectual Capacity as Factor Intoxication
28
Emergency or Sudden Peril as Affecting Judgment
29
CAUTIONARY MEASURES 23 Generally Experience Usage and Custom
30
Use of Senses and Intelligence 25 Reliance on Others to Use Senses in Avoidance of Injury
31
Known Dangers Guards Warnings
32
Warning of Obvious or Patent Dangers 28 Discovery of Hidden Perils Inspections Tests
34
Inspection of Instrumentalities Purchased of Dealers
35
STATUS OF PERSON INJURED 30 Persons under Disability Deficients
36
Physically Disabled Persons 32 Children and Youthful Persons
37
VIOLATION OF STATUTE LAW 33 Probative Effect of Violation Generally
38
Application of Principle to Particular Statutes
40
Intention of Legislature to Give Right of Action
41
Enactments Creating Liability of Public Character
42
Causal Connection between Violation and Injury
43
Municipal Ordinance as Foundation of Action
44
Admissibility of Ordinance Not Pleaded III Existence and Foundation of Duty to Exercise Care GENERALLY 40 Basis of Duty to Exercise Care
45
Sale or Manufacture
46
Duty Due to Another or Others than Person Injured
47
Duty Due to Former Owner of Land or Goods
48
Instrumentality in Possession of Third Person
49
Instrumentality Constituting Subject Matter of Bailment
50
Duty of Owners or Occupants of Land GENERALLY 51 Duty to Persons on Premises by Invitation
51
Basis of Duty to Persons Going on Premises
52
Persons Not Invited Trepassers Licensees
53
Public Officers Entering Premises in Discharge of Duty
54
Police Officers and Members of Fire Department
55
What Constitutes Invitation Toleration of Trespassers
56
Permissive Use of Way across Premises
57
Maintenance of Shop or Place of Business
58
Parts of Premises to Which Duty Extends
59
Purpose of Person Entering or Using Premises
60
Injury Due to Act of Third Person
61
Wilful or Intentional Injury Nuisances
62
Transfer of Control over Property
63
Lease of Premises and Transfer to Lessee
73
OBJECTS OR SUBSTANCES FALLING ON OR ESCAPING TO ADJACENT LAND 65 Substances Having Tendency to Escape and Do Damage
74
Rylands v Fletcher
75
Substances to Which Doctrine of Rylands v Fletcher Applies
76
Fall of Building or Part Thereof
77
Precipitation of Objects into Street or on Adjacent Land
78
Import of Doctrine V Attractions to Children DOCTRINE OF TURNTABLE CASES
79
Origin and Extent of Recognition of Doctrine
80
Relation of Doctrine to Other Theories of
81
ELEMENTS OF LIABILITY 73 Knowledge of Peril and Neglect of Precautions
83
Character of Instrumentality
84
Location of Instrumentality
85
PARTICULAR INSTRUMENTALITIES
89
Railroad Tracks and Appliances Turntables
90
Cars and Other Vehicles
92
Machinery
93
Action or Nonaction Accompanied by Knowledge of Consequences
107
Specific Cases Holding Knowledge to Be Basis of Contributory Negligence
108
Meaning of Expression Assumption of Risk 96 What Constitutes Knowledge Forgetfulness
109
Appreciation of Peril as Distinguished from Knowledge of Source of Dan
110
Generally DISCOVERY AND AVOIDANCE OF DANGER
111
Exercise of Senses of Sight and Hearing
113
Measure of Diligence to Discover and Avoid Peril
115
Reliance on Defendant to Perform Duty or Take Precautions
117
Choice of More Dangerous Mode or Means of Doing Act 103 Violation of Express Law Rule or Warning
120
AGE EXPERIENCE AND UNDERSTANDING OF PERSON INJURED 104 Generally
123
Youth
124
Periods of Youth
127
Intoxication
130
EXCUSES FOR FAILURE TO AVOID INJURY 108 Rescue of Person from Position of Imminent Peril
131
Responsibility for Peril of Person Attempted to Be Rescued
132
Saving or Attempting to Save Property
133
Sudden Peril or Emergency
134
Nature of Peril
135
PROXIMATE CAUSE OF INJURY 113 Plaintiffs Negligence as Cause of Injury
136
Doctrine of Discovered Peril or Last Clear Chance
138
Cases to Which Doctrine Applies
140
Basis of Doctrine Comparative Knowledge of Danger
141
Knowledge of Plaintiffs Inability to Save Himself
143
Wilful Wanton or Intentional Injury by Defendant
144
Generally
146
Statutory Enactments COMPARATIVE NEGLIGENCE
147
Imputed Negligence IN GENERAL 121 Master and Servant Generally
148
Confederates or Parties to Joint Enterprise
149
Fellow Servants inter Se 124 Bailor and Bailee
150
Landlord and Tenant DOMESTIC RELATIONS 126 Husband and Wife
151
Parent or Guardian and Child
152
View that Childs Action Is Defeated by Parents Negligence
153
View that Child Is Entitled to Recover
155
Parents inter Se 131 Parents and Custodian of Child
157
DRIVER AND OCCUPANT OF VEHICLE 132 Generally
158
Master and Servant Parties to Joint Enterprise
159
Fellow Servants 135 Relatives by Blood or Marriage
160
Carrier and Passenger
161
Occupant and Driver of Private Vehicle
163
Actions GENERALLY 138 Persons Entitled to
165
Law Governing Action 140 Functions of Court and Jury
166
Certainty as to Facts and Conclusions Therefrom
169
Review of Finding as to Negligence 143 Instructions to Jury
172
Bills of Particulars
173
PLEADING AND PROOF OF CONTRIBUTORY NEGLIGENCE
181
Doctrine Res Ipsa Loquitur
187
Other Circumstances Authorizing Application of Doctrine
193
Sufficiency of Evidence to Authorize Verdict
199
word ordinarily used in common law terminology to express
285
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Δημοφιλή αποσπάσματα

Σελίδα 75 - We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there, anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so is prima facie answerable for all the damage which is the natural consequence of its escape.
Σελίδα 528 - States, do proclaim, declare, and make known to all persons who have, directly or by implication, participated in the existing rebellion, except as hereinafter excepted, that a full pardon is hereby granted to them and each of them, with restoration of all rights of property, except as to slaves, and in property cases where rights of third parties shall have intervened...
Σελίδα 27 - 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.
Σελίδα 26 - ... and such like terms, as applied to the conduct and affairs of men, have a relative significance, and cannot be arbitrarily defined. What may be deemed ordinary care in one case, may, under different surroundings and circumstances, be gross negligence. The policy of the law has relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note the special circumstances and surroundings of each particular case, and then say whether...
Σελίδα 629 - The peace of society, and of the families composing society, and a sound public policy, designed to subserve the repose of families and the best interests of society, forbid to the minor child a right to appear in court in the assertion of a claim to civil redress for personal injuries suffered at the hands of the parent. The state, through its criminal laws, will give the minor child protection from parental violence and wrong-doing, and this is all the child can be heard to demand.
Σελίδα 85 - Children, wherever they go, must be expected to act upon childish instincts and impulses; and others who are chargeable with a duty of care and caution towards them must calculate upon this, and take precautions accordingly. If they leave exposed to the observation of children anything which would be tempting to them, and which they in their immature judgment might naturally suppose they were at liberty to handle or...
Σελίδα 385 - While the legislature has no right arbitrarily to declare that to be a nuisance which is clearly not so, a good deal must be left to its discretion in that regard, and if the object to be accomplished is conducive to the public interests, it may exercise a large liberty of choice in the means employed.
Σελίδα 708 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Σελίδα 798 - A voluntary contract between two or more competent persons to place their money, effects, labor and skill or some or all of them in lawful commerce or business, with the understanding that there shall be a communion of the profits thereof between them.
Σελίδα 51 - It is a well established rule that a higher degree of care and vigilance is required in dealing with a dangerous agency than in the ordinary affairs of life...

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