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" The burden rested upon the plaintiff to prove by a preponderance of the evidence that the negligence of the defendant was the proximate cause of the decedent's injury. "
American law reports annotated - Σελίδα 641
1922
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 169

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 - 1912 - 794 σελίδες
...have already indicated that the act of Toof & Co. was not a wrongful act. Was there competent evidence that the negligence of the defendant was the proximate cause of the damage? The circuit judge found that plaintiff was prevented from entering the employment solely by...

Albany Law Journal, Τόμος 31

1885 - 544 σελίδες
...Wright & Hudson, for appellee. SERVERS, J. 1. The material question presented in this record is whether the negligence of the defendant was the proximate cause of the injury received by the plaintiff. The evidence tended to show that the rails spread, and a portion of the...

Reports of Cases Heard and Determined by the Supreme Court of ..., Τόμος 113

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1920 - 648 σελίδες
...the circumstances exist which create such a duty: 111 US 228; 129 Mass. 364. The question of whether the negligence of the defendant was the proximate cause of the injury should have been submitted to the jury: 94 US 469; 109 SC 122; LR 3 CP 216, 222, 591 ; LR 5 HL 45 ;...

Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Τόμος 38

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1876 - 762 σελίδες
...retard and perhaps prevent a cure, as in this case. If these views are correct, it necessarily follows that the negligence of the defendant was the proximate cause of the whole injury for which the plaintiff recovered damages. This conclusion is sustained by the late case...

The Federal Reporter, Τόμος 243

1917 - 1038 σελίδες
...circumstances. Any service but prompt service would be worthless, so prompt service was required. The jury found that the negligence of the defendant was the proximate cause of the damage suffered by the plaintiff. The defendant must be held to have known the dangerous character...

The Federal Reporter: Cases Argued and Determined in the ..., Τόμοι 243-244

1917 - 2042 σελίδες
...circumstances. Any service but prompt service would be worthless, so prompt service was required. The jury found that the negligence of the defendant was the proximate cause of the damage suffered by the plaintiff. The defendant must be held to have known the dangerous character...

The Federal Reporter, Τόμος 124

1903 - 1112 σελίδες
...case as above, delivered the opinion of the court. The crucial question in this case is whether or not the negligence of the defendant was the proximate cause of the injury of the plaintiff, so that, in the legal acceptation of that term, it contributed to her hurt. "Causo...

The Pacific Reporter, Τόμος 130

1913 - 1236 σελίδες
...operations afterwards performed, and the suffering occasioned thereby, then and in that case I charge you that the negligence of the defendant was the proximate cause of the injury, for which jihiintiff seeks to recover damages." The court refused to give these requested instructions,...

The Northeastern Reporter, Τόμος 97

1912 - 1146 σελίδες
...which had a defective brake, sufficiently showed that plaintiff was in the discharge of his duties, and that the negligence of the defendant was the proximate cause of the injury. [Ed. Note.— For other cases, see Railroads, Cent. Dig. §§ 910-923; Dec. Dig. § 2S2.*] 2. RAILROADS...

Albany Law Journal, Τόμος 31

1885 - 544 σελίδες
...Wright & Hudson, for appellee. SEEVERS, J. 1. The material question presented in this record is whether the negligence of the defendant was the proximate cause of the injury received by the plaintiff. The evidence tended to show that the rails spread, and a portion of the...




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