 | Robert Stewart Morrison - 1887 - 780 pages
...near to a public road or way as to constitute a publiu nuisance: Hounstll v. Smyth, 1 CBNS 731. 6. In determining what is proximate cause, the true rule is, that the injury must be the natural — a probable, consequence of the negligence : Hoag v. Lake Shore RB, 85 Pa. St. '293. 7. Knowledge... | |
 | 1903 - 1240 pages
...the test of defendant's liability Is that the consequences of the act complained of were such as, in the surrounding circumstances of the case, might and ought to have been foreseen by the defendant. Poeppers v. Railway Co., 67 Mo. 715, 29 Am. Rep. 518; Stanley v. Railway Co., 114 Mo. 606,... | |
 | 1887 - 988 pages
...should find that his injuries were the natural and probable consequence of the act of the conductor ; such a consequence as, under the surrounding circumstances of the case, might and should have been foreseen by the conductor as likely to flow from his act. It is said that these points... | |
 | Thomas Gaskell Shearman, Amasa Angell Redfield - 1888 - 720 pages
...Exch. 239; Hoeyz/. Felton, 1 1 CBNS 143; Bovill, CJ, Sharp v. Powell, LR 7 CP 253; Thompson, 1083. "In determining what is proximate cause, the true...the •wrong-doer, as likely to flow from his act" (per Paxson, J., Pittsburgh So. R. Co. v. Taylor, 104 Penn. St. 306 ; SP Hoag v. Lake Shore, &c. R.... | |
 | Abraham Clark Freeman - 1888 - 1014 pages
...through or by means of such intervening cause? IN DETERMINING WHAT is PROXIMITY OF CAUSB, TRUE HULK is, that the injury must be the natural and probable...of the negligence; such a consequence as, under the circumstances of the case, might and oupht. to huve lw>n fniwnon Iw the wronir-doer as likely to flow... | |
 | 1914 - 1282 pages
...were negligent in this respect, but to her fainting when she saw her two children going up in the car. "In determining what is proximate cause, the true rule Is that the Injury must be the natural aud probable consequence of the negligence ; such a consequence as, under the surrounding circumstances... | |
 | Frederick Sackett, Martin L. Newell - 1888 - 836 pages
...to be deemed the proximate cause of an injury, nn'ess the injury was snch a consequence of the act as, under the surrounding circumstances of the case, might and ought to have been foreseen or anticipated by an ordinarily reasonable and prudent man, as reasonably likely to flow from the act.... | |
 | Arkansas. Supreme Court - 1911 - 700 pages
...BATTLE said : "In determining whether an act of a defendant is the proximate cause of an injury the rule is that the injury must be the natural and probable consequence of the act — such a consequence, under the surrounding circumstances of the case, as might and ought to... | |
 | New York (State). Marine Court (New York), Daniel T. Robertson, Edward Jacobs - 1889 - 484 pages
...353) and Railroad Co. v. Hope (80 Id. 373), laid down tho rule as to proximate cause as follows : " In determining what is proximate cause the true rule...case, might and ought to have been foreseen by the wroug-doer, as likely to now from his act. " Applying this rule to th.- facts of the present case,... | |
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In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the... 
