 | Herbert Broom - 1845 - 544 σελίδες
...person will unjustifiably set it in motion, to the injury of a third ; and if that injury should be brought about, I presume that the sufferer might have...either of the two, but unquestionably against the first (e)." In the same case, it was accordingly held, that the defendant was liable in an action on the... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1916 - 804 σελίδες
...other person will unjustifiably set it in motion to the injury of a third, and if that injury shall be so brought about, I presume that the sufferer might...of the two, but unquestionably against the first." Weick v. Lander, 75 Ill. 93. See, also, City of Osage City v. LarJdn, 40 Kan. 206 (19 Pac. 658, 2 LRA... | |
 | Herbert Broom - 1852 - 616 σελίδες
...other person will unjustifiably set in motion, to the injury of a third ; and if that injury should be brought about, I presume that the sufferer might have...either of the two, but unquestionably against the first."1 In the case referred to, the evidence showed that the defendant had negligently left his horse... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1892 - 830 σελίδες
...injury of a third, and if that injury should be so brought about, the sufferer may have 88 MICH-IS. I redress by action against both or either of the two, but unquestionably against the first; citing Lynch v. Nurdin, 1 Q. B. 29. 6. The gist of the action is not the lawfulness of the act whence... | |
 | Great Britain. Court of Common Pleas - 1857 - 572 σελίδες
...extremely probable that some other person will unjustifiably set it in motion, to the injury of a third, and, if that injury should be so brought about, I...of the two, but unquestionably against the first." In the present case, the duty for the breach of which it is sought to charge the defendant, results... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - 1858 - 956 σελίδες
...extremely probable that some other person will unjustifiably set it in motion to the injury of a third, and if that injury should be so brought about, I presume...of the two, but unquestionably against the first." Here, as in that case, the accident was caused by the plaintiff's negligence in combination with other... | |
 | John Guthrie Smith - 1864 - 590 σελίδες
...motion, to the injury of a third party ; and if that injury should be so brought about, the sufferer may have redress by action against both, or either of the two, but unquestionably against the first. If, for example, a gamekeeper returning from his daily exercise, should rear his loaded gun against... | |
 | Ireland. High Court of Chancery - 1865 - 656 σελίδες
...extremely probable that some other person "will unjustifiably set it in motion to the injury of a third, and if "that injury should be so brought about, I...either of the two, but " unquestionably against the firxt," So, here possibly the plaintiff may have a right of action against the lock-keeper, but that... | |
 | John Scott, Great Britain. Court of Common Pleas - 1866 - 570 σελίδες
...extremely probable that some other person will unjustifiably set it in motion to the injury of a third, and if that injury should be so brought about, I presume...of the two, but unquestionably against the first." In Quarman v. Burnett, 6 M. & W. 499, f where a coachman (not being the servant of the defendants)... | |
 | 1888 - 564 σελίδες
...negligence in leaving any thing dangerous in a place where I knew it to be extremely probable that some other person will unjustifiably set it in motion...also decides that the defendant was liable, although the negligence was omission, and not commission, consisting merely in leaving the horse and cart unattended,... | |
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For if I am guilty of negligence in leaving any thing dangerous in a place where I know it to be extremely probable that some other person will unjustifiably set it in motion to the injury of a third, and if that injury should be so brought about, I presume... 
