 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...  The South Western Reporter - Page 71920Full view - About this book
 | New York (State). Courts - Law reports, digests, etc - 1906 - 800 pages
...48. consequence of the defendant's acts (Ryan v. RR Co., 35 NY 210; RR Co. v. Reeves, 10 Wall. 176) ; such a consequence as, under the surrounding circumstances...foreseen by the wrongdoer as likely to flow from his act. The court in Jex v. Straus, 122 NY 301 said : ' The law requires that the injury must proceed so directly... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1893 - 1062 pages
...injury must be the natural and probable consequence of the negligence; such a consequence as, under the circumstances of the case, might and ought to have...by the wrong-doer as likely to flow from his act: Weat UahcMay Tp. v. Walton, 116 Pa. St. 3 14; 2 Am. St Rep. 604, and note collecting previous cases... | |
 | Albert Barnes Weimer - Railroads - 1893 - 788 pages
...the cars frightening a horse.1 The injury must be the natural and probable consequence of negligence, such a consequence as, under the surrounding circumstances...and ought to have been foreseen by the wrong-doer is likely to flow from his act. Thus, where a person knew that there were overturned cars near a public... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1893 - 1036 pages
...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 seen by the wrong-doer as an. 1892.] EvviNG г?. PITTSBURGH ETC. E'y Co. 71f ikely to flow from his... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1893 - 1074 pages
...consequence of the negligence; such a consequence as, nnder the circumstances of the case, might and onght to have been foreseen by the wrong-doer as likely to flow from his act: Weal Mohanoy Tp. v. Walton, 116 Pa. St. 314; 2 Am. St. Rep. 604, and note collecting previous cases... | |
 | 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
...is that the injury must be the natural and probable consequence of the (defendant's) negligence — such a consequence, as, under the surrounding circumstances...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
...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...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
...the true rule is that the injury must be the natural and probable consequence of the negligence, such consequence, as under the surrounding circumstances...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,... | |
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