But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful... San Francisco Law Journal - Side 1401878 - 423 siderUten tilgangsbegrensning - Om denne boken
| John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1891 - 1052 sider
...United States supreme court in the leading case of Milwaukee etc. R. Co. v. Kellogg (94 US 469. 475) : "It is admitted that the rule is difficult of application,...foreseen in the light of the attending circumstances." So in another leading case, Hoag v. Lake Shore etc. R. Co. (85 Pa. St. 293, 298; sc, 27 Am. Rep. 653;... | |
| 1902 - 812 sider
...Cleveland v. Steamboat Co., 125 NY 299, 26 NE 327. In Railway Co. v. Kellogg, cited above, it is said : "But It is generally held that, In order to warrant...foreseen In the light of the attending circumstances." The signal given was intended to put the plaintiff upon his guard. It seems to us too plain for discussion... | |
| 1901 - 822 sider
...default, not the absence of the bolts from the cap log, was the proximate cause of Kelly's injury. "In order to warrant a finding that negligence or...that it ought to have been foreseen in the light of attending circumstances" ; and obviously the harm which Kelly suffered was not the natural and probable... | |
| 1905 - 856 sider
...proximate cause. Said language is as follows : "In order to warrant a finding that negligence or an act amounting to wanton wrong Is the proximate cause of...foreseen in the light of the attending circumstances." But the court went further than this, and charged, in effect, that, in order to establish liability... | |
| 1893 - 1286 sider
...Kellogg, 94 US 475, it is said: "It is generally held that, in order to warrant a Unding that negligence is the proximate cause of an injury, it must appear...foreseen in the light of the attending circumstances. " The delinition given by the court in its charge is perhaps subject to criticism when so tested, but... | |
| 1893 - 1172 sider
...the Injury It must appear that the injury was the natural and probable consequence of the negligence, and that It ought to have been foreseen In the light of the attending circumstances. Railway Co. v. Kellogg, 94 US 475. The question, therefore, whether the stretching of the defendant's... | |
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