 The party who last has a clear opportunity of avoiding the accident, notwithstanding the negligence of his opponent, is considered solely responsible for it" The United States supreme court in Grand Trunk Ry.  Albany Law Journal - Σελίδα 2771888Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | 1907 - 1182 σελίδες
...stopped the train, was guilty of such negligence as to bring the case within the doctrine that "the party who last has a clear opportunity of avoiding the accident,...of his opponent, is considered solely responsible. Esrey v. Southern Pacific Co., 103 Cal. 545, 37 Рас. 500. The doctrine In question, as above and... | |
 | 1908 - 554 σελίδες
...doctrine of that case, and the ground of its decision, have been accurately stated as follows:2 "The party who last has a clear opportunity of avoiding the accident,...notwithstanding the negligence of his opponent, is considered wholly responsible for it." The North Carolina Supreme Court, whose treatment of the doctrine as applied... | |
 | William Taylor Hughes - 1908 - 248 σελίδες
...are negligent the true rule is held to be that the party who last has a clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it. Thompson v. Salt Lake Co. ; Cincinnati RR v. Worthington (1903), 30 Ind. Ap. 603, 96 Am. St. 355, n.... | |
 | 1908 - 1350 σελίδες
..."Discovered peril" rests upon the principle that "the party who has the last clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it." This relegates the antecedent negligence of either party to the position of the remote cause of the... | |
 | Abraham Clark Freeman - 1909 - 1226 σελίδες
...been accurately stated by a writer in the Quarterly Law Review, volume 2, 507, as follows: "The party who last has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it. ' ' The United States supreme court in Grand Trunk Ry. Co. v. Ives, 144 US 408, 12 Sup. Ct. Rep. 679,... | |
 | 1909 - 1274 σελίδες
...decision, though not clearly expressed by the court, has been accurately stated, as follows: "The party who last has a clear opportunity of avoiding the accident,...notwithstanding the negligence of his opponent, is considered wholly responsible for it." In Smith v. Railway, 114 NC "28, 19 SE 8G3, 923, 25 L. R, A. 287, the subject... | |
 | 1910 - 860 σελίδες
...decision, though not clearly expressed by the court, has been accurately stated, as follows: "The party who last has a clear opportunity of avoiding the accident,...notwithstanding the negligence of his opponent, is considered wholly responsible for it." In Smith v. Railway, 114 N. C. 728, 19 SE 863, 923, 25 LRA 287, the subject... | |
 | Texas. Court of Civil Appeals - 1910 - 760 σελίδες
..."Discovered peril" rests upon the principle that, "the party, who has the last clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it." This relegates the antecedent negligence of either party to the position of the remote cause of the... | |
 | 1911 - 1278 σελίδες
...contributed to the Injury, it does not constitute contributory negligence which bars a recovery. The party who last has a clear opportunity of avoiding the accident,...opponent, Is considered solely responsible for It A very full discussion of the doctrine of the last clear chance is found In note to case of Bogan v.... | |
 | Iowa. Supreme Court - 1911 - 858 σελίδες
...decision, though not clearly expressed by the court, has been accurately stated as follows: "The party who last has a clear opportunity of avoiding the accident,...notwithstanding the negligence of his opponent, is considered wholly responsible for it." In Smith v. Railway, 114 NC 728 (19 SE 863, 923, 25 L. It. A. 287), the... | |
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