 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 3021901Full view - About this book
 | Law reports, digests, etc - 1893 - 640 pages
...(Fourth assignment of error. ^ ft. That the defendant can only be held liable for results as under the circumstances of the case might and ought to have been foreseen by the conductor could result from the plaintiffs getting off the train, and that the plaintiffs would get... | |
 | Frederick Pollock - Torts - 1894 - 842 pages
...must be the natural and probable consequence of the (defendant's) negligence — such a consequence, as, under the surrounding circumstances of the case,...by the wrong-doer as likely to flow from his act. This is not a limitation of the maxim causa proximanon remota spectator; it only affects its application."... | |
 | William Francis Bailey - Employers' liability - 1894 - 674 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,...by the wrongdoer as likely to flow from his act." The facts in the case to which this language was applied were that an oil train on defendant's railway... | |
 | Indiana. Appellate Court - Law reports, digests, etc - 1894 - 814 pages
...is that the injury must be the natural and probable consequence of the negligence, such consequence, as under the surrounding circumstances of the case,...foreseen by the wrongdoer as likely to flow from his act. Conceding that the law is correctly stated in these cases, they do not sustain appellant's contention... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1894 - 1070 pages
...Foreseen. —Many cases make the test of liability the faot that the consequence of the act was "such as, under the surrounding circumstances of the case,...foreseen by the wrongdoer as likely to flow from his acts": Pennsylvania X. £. Co. v. Hope, 80 Pa, St. 373; 21 Am. Rep. 100; Atdunon etc. RB C v. Stanford,... | |
 | Law reports, digests, etc - 1894 - 1228 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 seen by the wrongdoer as likely to flow from his act. Tested by this rule, we regard the injury as... | |
 | Law reports, digests, etc - 1897 - 828 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,...foreseen by the wrongdoer, as likely to flow from the act." The question in this case, then, is, was it the natural and probable consequence of the statement... | |
 | Francis Marion Burdick - Torts - 1895 - 628 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 seen by the wrong-doer as likely to flow from his act." (Railway Co. v. Taylor, 104 Pa. St. 306 ; Township... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1911 - 1026 pages
...that the injury must be the natural and probable consequence of the negligence; such a consequence aa under the surrounding circumstances of the case might and ought to have been seen by the wrongdoer as likely to flow from his act. Tested by this rule, we regard the injurv as... | |
 | Law reports, digests, etc - 1897 - 1292 pages
...defendant's acts (Ryan v. Railroad Co., 35 NY 210; Railroad Co. v. Reeves, 10 Wall. 176); such a consequence as, under the surrounding circumstances of the case,...foreseen by the wrongdoer as likely to flow from his act. The court, in Jex v. Straus, 122 NY 301, 25 NE 480, said: "The law requires that the injury must proceed... | |
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