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accident action appears applied arising authority Bank Board bound brought carry cause child circumstances cited City Commissioners common law consequences considered contract Corporation Council County course Court damage danger Davis decided decision defendant direct distinction District duty East effect entitled evidence execution exercise existence expressed fact fire followed give given ground held highway injury judge judgment jury Justice L. J. Ch L. J. Ex land liable London Lord loss Mass matter Mayor natural necessary neglect negligence nuisance officer opinion ordinary owner particular party person plaintiff position premises prevent principle question railway reasonable recover reference repair respect responsible result Rettie road rule says servants sheriff Smith statute statutory taken thing tort Vict wrongful
Pàgina 494 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Pàgina 104 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally...
Pàgina 4 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Pàgina 440 - If any person drives a motor car on a public highway recklessly or negligently, or at a speed or in a manner which is dangerous to the public...
Pàgina 182 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof...
Pàgina 465 - By the general law applicable to running streams every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land ; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Pàgina 111 - Church ; and as for our good people's lawful recreation, our pleasure likewise is, that after the end of divine service our good people be not disturbed, letted or discouraged from any lawful recreation, such as dancing, either men or women ; archery for men, leaping, vaulting, or any other such harmless recreation, nor from having of May-games, Whitsun-ales, and Morris-dances ; and the setting up of May-poles and other sports therewith used : so as the same be had in due and convenient time, without...
Pàgina 354 - Now if anything be certain it is this, that where there are general words in a later Act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special legislation indirectly repealed, altered, or derogated from merely by force of such general words, without any indication of a particular intention to do so ", The question in Seward v.