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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... "
Lawyers' Reports Annotated - Page 390
1905
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A Treatise on the Law of Railroads, Volume 2

Horace Gay Wood - Railroad law - 1885 - 806 pages
...was held that an act is not to be considered the proximate cause of an injury, unless the injury was such a consequence as under the surrounding circumstances...case, might and ought to have been foreseen by the actor as likely to flow from his act ; and that where, owing to failure of the engineer of an oil train...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1885 - 732 pages
...in reality, a breach of contract made by the company to transport the pas^ senger safely ; secondly, that the injury must be the natural and probable consequence of the accident, or negligence of the company or its employes, and not of casual or unexpected causes intervening...
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The Northeastern Reporter, Volume 106

Law - 1915 - 1128 pages
...negligent act or omission should foresee the precise form of the injury, to constitute proximate cause the injury must be the natural and probable consequence of the negligence and be of such a character as an ordinarily prudent person ought to have foreseen might probably occur...
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Atlantic Reporter, Volume 9

Law reports, digests, etc - 1887 - 972 pages
...this rule stated, — the rulealso of Railroad v. Kerr: " That, in determining what is proximity of cause, the true rule is that the injury must be the...by the wrong-doer as likely to flow from his act." Measured again by this rule, and the plaintiff's case fails; for, while the supervisors might have...
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Atlantic Reporter, Volume 57

Law reports, digests, etc - 1904 - 1164 pages
...Railroad Company, 85 Pa. 293, 27 Am. Rep. 653, Paxson, CJ, states It to be the true rule in such cases "that the Injury must be the natural and probable...foreseen by the wrongdoer as likely to flow from his act" In Pennsylvania Railroad Company v. Kerr, 62 Pa. 353, 1 Am. Rep. 431, Chief Justice Thompson, delivering...
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The Atlantic Reporter, Volume 49

Law reports, digests, etc - 1901 - 1162 pages
...such an act that the injury is the natural and probable sequence of negligence,— such a sequence as, under the surrounding circumstances of the case,...foreseen by the wrongdoer as likely to flow from his act. Unless the injury is produced In that way, It Is quite unimportant to consider how negligent the defendant...
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The Atlantic Reporter, Volume 97

Law reports, digests, etc - 1916 - 1116 pages
...defendant must have been the proximate cause of the accident, resulting in the injuries to the plaintiff. The injury must be the natural and probable consequence...under the surrounding circumstances of the case might or ought to have been foreseen by the wrongdoer as likely to flow from his act." The charge, as a whole,...
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Atlantic Reporter, Volume 15

Law reports, digests, etc - 1889 - 956 pages
...Varnau were the natural and probable consequence of the negligence of the defendant, or its servants, such a consequence as, under the surrounding circumstances of the case, might and should have been foreseen by the servant as likely to flow from his carelessness, and there was no...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 94

North Carolina. Supreme Court - Law reports, digests, etc - 1886 - 1340 pages
...reasonable degree of foresight would suppose likely to happen. I hid. 32. To render the defendant liable, the injury must be the natural and probable consequence of the negligence, such as under the circumstances ought to have been foreseen by the wrong-doer, as the natural consequence...
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The Atlantic Reporter, Volume 58

Law reports, digests, etc - 1904 - 1132 pages
...responsibility quite beyond any legal limitations which have yet been declared." The rule is well settled that the injury must be the natural and probable consequence of the negligent act. without probable foresight, and, if the facts as to the cause of the injury are not...
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