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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... "
Atlantic Reporter - Page 302
1901
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The Eastern Reporter: Containing All the Decisions of the States ..., Volume 9

Law reports, digests, etc - 1887 - 988 pages
...nor that they, were the natural probable consequence of the act of the conductor; eucn a consequence as under the surrounding circumstances of the case might and ought to have been foreseen by the conductor as likely to occur, and the verdict should be for the defendant.' " Answer of the court :...
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The Southwestern Reporter, Volume 201

Law reports, digests, etc - 1918 - 1336 pages
...injury is the natural and probable consequence of the negligence act ; that is, such a consequence as under the surrounding circumstances of the case might and ought to have been foreseen by a reasonably prudent person, in the exercise of ordinary care, as likely to result from the act complained...
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The Southwestern Reporter, Volume 74

Law reports, digests, etc - 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,...
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A Treatise on the Law of Negligence, Volume 1

Thomas Gaskell Shearman, Amasa Angell Redfield - Negligence - 1888 - 720 pages
...that the injury must be the natural and probable consequence of the negligence, such a consequence as, under the surrounding circumstances of the case,...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....
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Sackett's Instructions and Requests for Instructions in Jury Trials ...

Frederick Sackett, Martin L. Newell - Instructions to juries - 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....
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The New York Supplement, Volume 148

Law reports, digests, etc - 1914 - 1282 pages
...that the Injury must be the natural aud probable consequence of the negligence ; such a consequence as, under the surrounding circumstances of the case, might and ought to have been seen by the wrongdoer as likely to flow from his act." Mitchell v. Rochester Ry. Co., 151 NY 107, 45...
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City Court Reports: Containing Decisions of the Marine Court of ..., Volume 2

New York (State). Marine Court (New York), Daniel T. Robertson, Edward Jacobs - Law reports, digests, etc - 1889 - 484 pages
...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 wroug-doer, as likely to now from his act. " Applying this rule to th.- facts of the present case,...
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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 - 1890 - 768 pages
...injury must be the natural and probable consequence of the negligence, — such a consequence as * * * might and ought to have been foreseen by the wrong-doer as likely to flow from his act." The three leading cases above referred to, though frequently cited on opposite sides of the same argument,...
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Cases in the Supreme Court of Pennsylvania: Being Reports of All ..., Volume 2

Pennsylvania. Supreme Court - Law reports, digests, etc - 1891 - 858 pages
...stated : " 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 seen by the wrong-doer as liable to flow from his act :" Pa. RR v. Hope, 80 Pa. 377 ; Beach, Con. Neg.,...
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Commentaries on the Law of Municipal Corporations, Volume 2

John Forrest Dillon - Corporation law - 1890 - 894 pages
...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 benn foreseen by the wrong-doer as likely to flow from his act." Hoag . Lake Shore & MSRR Co., 85...
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