The Lawyers Reports Annotated Volume 36
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The Lawyers Reports Annotated Volume 36

The Lawyers Reports Annotated Volume 36


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...shall have been undertaken for the relief of injuries which entitle the member to the benefits of this association, nor to any case except where the injury is the proximate cause of the disability or death." The insured died of peritonitis, and the evidence tended to show that it was induced by a fall, and there was some evidence indicating that he had previously suffered from the disease. To the contentions of defendant that it was not liable even if the disease were caused by the accident, the court said: "The principal question in the case is: What kind of cause is to be deemed proximate, within the meaning of the policyT Where different forces and conditions concur in producing a result, it is often difficult to determine which is properly to be considered the cause, and in dealing with such cases the maxim, 'Causa proxima non remota spectatur, ' is applied. But this does not mean that the cause or condition which is nearest in time or space to the result is necessarily to be deemed the proximate cause. It means that the law will not go further back in the line of causation than to find the active, efficient, procuring cause, of which the event under consideration is a natural and probable consequence, in view of the existing circumstances and conditions. The law does not consider the cause of causes beyond seeking the efficient, predominant cause, which, following it no further than those consequences that might have been anticipated as not unlikely to result from it, has produced the effect. An injury which might naturally produce death in a person of a certain temperament or state of health is the cause of his death, if he dies by reason of it, even if he would not have died if his temperament or previous health had been...


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Product Details
  • ISBN-13: 9781130107241
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 1090
  • Spine Width: 54 mm
  • Width: 189 mm
  • ISBN-10: 1130107248
  • Publisher Date: 13 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1901 gr


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