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Lawyers' Reports Annotated Volume 69

Lawyers' Reports Annotated Volume 69


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 Excerpt: ...to relief if he had been capable of exercising care in his own behalf, the person Inflicting the injury Is not to be held to a liability which would not have been incurred under the same circumstances In favor of a person of ordinary capacity, unless he had notice of the injured person's mental deficiency, and of his consequent helplessness and peril In the circumstances hi which he was placed. The duty of observing special precautions for the safety of another, because the latter, by reason of mental imbecility, cannot be influenced by the dictates of ordinary prudence, is not cast upon one who is not charged with notice of the other's peril and of his lack of sufficient Intelligence to avoid It." Worthlngton v. Mencer. 96 Ala. 310, 17 L. R. A. 407, 11 So. 72. N Where one person negligently comes into n situation of peril, in which his liability to Injury Is increased by reason of some disability, before another can be held liable for nn injury to him, it must appear either that the Inner had knowledge of his situation in time to prevent the Injury, rti faned to use ordinary care to that end, or that the injurious act or omission, considering time and place, was such that its nature and probable consequence would be to produce serious hurt tn someone. Dally v. Richmond & D. R. Co. 106 N. C. 301, 11 S. E. 320; Cleveland, C. & C. R. Co. v. Terry, 8 Ohio St. 570; St. Louis, I. M. & S. R. Co. v. Monday. 49 Ark. 257, 4 S. W. 782; Birmingham R. & Electric Co. v. Bowers, 110 Ala. 328, 20 So. 345; Louisville & N. R. Co. v. Kellem, 14 Ky. L. Rep. 734. 21 S. W. 230; Louisville, N. O. & T. R. Co. v. Williams, 69 Miss. 631, 12 So. 957. The presence of a man of advanced years, but strong and healthy, upon a railroad track, does not impose u...


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Product Details
  • ISBN-13: 9781130889642
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 936
  • Spine Width: 47 mm
  • Width: 189 mm
  • ISBN-10: 1130889645
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1637 gr


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