 ... of his profession or trade, and the standard of due care is the conduct of the average prudent man. The test of negligence in employers is the same, and however strongly they may be convinced that there is a better or less dangerous way, no jury can...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Side 503av Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, George L. Nye, Joseph M. Tanner, John Walcott Thompson, August B. Edler, William S. Dalton, Alonzo Blair Irvine, Harmel L. Pratt, H. Arnold Rich - 1899Uten tilgangsbegrensning - Om denne boken
 | 1908 - 1118 sider
...Justice Monks in the case of Railroad v. Bates, supra, in which quotation this occurs : "They [the jury] cannot be allowed to set up a standard which shall, in effect, dictate the custom or control the business of a community ;" citing in support thereof two Pennsylvania cases and... | |
 | 1916 - 1326 sider
..." better or less dangerous way, no jury can be permitted to say PT> ' " that the usual and ordinary way commonly adopted by those " in the same business...be imposed. Juries must necessarily determine the responsi•' bility of individual conduct, but they cannot be allowed to "set up a standard which shall,... | |
 | 1898 - 1134 sider
...there is a better or less dangerous way, no jury can be permitted to say that the usual and ordinary way, commonly adopted by those in the same business,...negligent way, for which liability shall be imposed." The evidence in this case shows— and the fact is not disputed— that machinery of the character... | |
 | 1908 - 1156 sider
...there is a better or less dangerous way, no jury can be permitted to say that the usual or ordinary way commonly adopted by those In the same business is a negligent way for which liability should be Imposed." This request was refused, and defendant excepted. The request was properly refused... | |
 | 1901 - 1166 sider
...dangerous way, no jury can be permitted to say that the usual and ordinary way commonly adopted by them in the same business Is a negligent way for which liability shall be imposed." Many cases analogous to those already cited might be referred to or included herein, but it la not... | |
 | 1906 - 1362 sider
...there Is a better or less dangerous way, no jury can be permitted to say that the usual and ordinary way, commonly adopted by those in the same business,...which shall, in effect, dictate the customs or control the business of the community." To the same effect is Missouri case law. See, for example, Hohn v.... | |
 | 1916 - 1404 sider
...there is a better or less dangerous way, no jury can be pormitted to say that the usual and ordinary way, commonly adopted by those in the same business,...the responsibility of individual conduct, but they caunot be allowed to set up a standard which shall, in effect, dictate the customs or control the business... | |
 | 1909 - 1320 sider
...Hiere Is a better or less dangerous way, no jury can be permitted to say that the usual und ordinary way commonly adopted by those in the same business...negligent way for which liability shall be imposed. Steinhauser v. Spraul, 127 Mo. 562, 28 SW 620, 30 SW 102, 27 LRA 441; Minnler v. Railroad, 107 Mo.,... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1891 - 774 sider
...there is a better or less dangerous way, no jury can be permitted to say that the usual and ordinary way, commonly adopted by those in the same business...shall, in effect, dictate the customs. or control the business, of the community. In Delaware, etc., Works v. Nuttall, 119 Pa. St. 149, our Brother WILLIAMS... | |
 | Abraham Clark Freeman - 1891 - 1060 sider
...there is a better or less dangerous way, no jury can be permitted to say that the usual and ordinary way, commonly adopted by those in the same business, is a negligent way, for whL'h liability shall be imposed. Juries must necessarily detern.iue the responsibility of individual... | |
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