 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
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1894 - 704 pages
...not for the jury, and should be determined by this appeal: West Mahanoy Twp. v. Watson, 116 Pa. 344; Hoag v. Lake Shore & MSR Co. 85 Pa. 293 (27 Am. Rep. 653); Henry v. St. Louis K. & NR Co. 76 Mo. 288 (43 Am. Rep. 762); Lewis v. Flint & PMR Co. 54 Mich.... | |
 | Law reports, digests, etc - 1894 - 918 pages
...Alexander v. Newcastle, 115 Ind. 51; Louisville. NA & CR Co. v. Nitsefie, 9 LRA 750, 126 Ind. 229; Uoag v. Lake Shore & MSR Co. 85 Pa. 293, 27 Am. Rep. 653; Morrison v. Dans, 20 Pa. 171, 57 Am. Dec. 695; Denny v. New York Cent. R. Co, 13 Gray, 481, 74... | |
 | Law reports, digests, etc - 1897 - 830 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...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
...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 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... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1896 - 1026 pages
...293, 27 Am. Rep. 653: "The injury moist be the natural and probable consequence of the negligence — such a consequence, as, under the surrounding circumstances...and ought to have been foreseen by the wrongdoer." And, as is remarked by Black, CJ, while discussing the same doctrine in Pittsburg v. Grier, 22 Pa.... | |
 | Law reports, digests, etc - 1897 - 1300 pages
...consequence of the 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...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... | |
 | Law reports, digests, etc - 1897 - 922 pages
...which the case turns is: Was the injury ' '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?" As concerns the situation of plaintiff at tbe time of his injury, and the relation of that fact to... | |
 | Law - 1897 - 494 pages
...the true rule is that the injury must be the natural and probable consequence of f.he negligence ; such a consequence as under the surrounding circumstances...foreseen by the wrongdoer as likely to flow from his uct." But the facts here are entirely different from those supposed ; the freight yard of a common... | |
 | Railroad law - 1897 - 772 pages
...probable consequence of the negligence — such a consequence as, under the surrounding circumstances, might and ought to have been foreseen by the wrongdoer as likely to flow from his act?" As concerns the situation of plaintiff at the time of his injury, and the 5 (N. s.) A. & ER Cas.—... | |
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