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" In order to maintain an action for an injury to person or property by reason of negligence or want of due care, there must be shown to exist some obligation or duty towards the plaintiff, which the defendant has left undischarged or unfulfilled. "
Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial ... - Page 370
by Massachusetts. Supreme Judicial Court - 1894
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Leading Cases on the Law of Torts Determined by the Courts of America and ...

Melville Madison Bigelow - Torts - 1875 - 754 pages
...right, and that we cannot set aside the verdict for the plaintiff on the ground that it was hased ou erroneous instructions in matter of law. In order...by reason of negligence or want of due care, there mu^t be shown to exist some obligation or duty towards the plaintiff, which the defendant has left...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 105-106

Law reports, digests, etc - 1901
...injured person which has been violated. It is universally agreed that, in order to maintain an action for injury to person or property by reason of negligence or want of due care, there must be shown to be existing some obligation or duty towards the plaintiff which the defendant has disregarded or violated....
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The Pacific Reporter, Volume 22

Law reports, digests, etc - 1890
...07 NY 3G6; Toomey v. Saqborn, 14 NE Hep. 921. As was said in Sweeny v. Railroad Co., 10 Allen, 372: "In order to maintain an action for an injury to person...obligation or duty towards the plaintiff which the defendanthas left undischarged or unfulfilled." The evidence falls to show any such duty resting upon...
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Atlantic Reporter, Volume 89

Law reports, digests, etc - 1914
...and the defendant was not bound to expect them there. June v. Railroad, 153 Masa 82, 26 NE 238. [3] In order to maintain an action for an injury to person...or duty towards the plaintiff, which the defendant had left undischarged or unfulfilled. This is the basis on which the cause of action rests. There can...
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Atlantic Reporter, Volume 68

Law reports, digests, etc - 1908
...Dievol. 34. Master and Servant, §§ 313-317.] 4. NEOLIOENCE— DUTY то USE САПЕ. To maintnin an action for an injury to person or property by reason of negligence, there must be shown to exist some duty which was left undischarged. [Ed. Note. — For cases in point,...
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The Southwestern Reporter, Volume 16

Law reports, digests, etc - 1891
...contributory negligence. "Negligence'1 is n relative terra. In every action for i. gligence of another there must be shown to exist some obligation or duty...the defendant has left undischarged or unfulfilled. So in this case the important question arises at once, what duty did defendant owe the plaintiff in...
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The Pacific Reporter, Volume 22

Law reports, digests, etc - 1890
...67N. Y. 366; Topmey v. Sanborn, 14 NE Rep. 921. As was said in Sweeny v. Railroad Co., 10 Allen, 372: "In order to maintain an action for an injury to person...the defendant has left undischarged or unfulfilled." The evidence fails to show any such duty resting upon the defendant towards the plaintiff. His injury...
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The Southeastern Reporter, Volume 15

Georgia. Court of Appeals, Georgia. Supreme Court, North Carolina. Supreme Court, South Carolina. Supreme Court, West Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1892
...Co., 10 Allen. 3O8. BIULOW, CJ, In delivering the opinion of the court, said: "In order to maintain au action for an injury to person or property by reason...care there must be shown to exist some obligation 01 duty toward* the plaintiff which the defendant has left undischarged or unfulfilled. This Is the...
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The American and English railroad cases: a collection of all ..., Volume 20

Law - 1901
...negligence on the part of those employees. It is a general rule that, in order to maintain an action for injury to person or property by reason of negligence...care, there must be shown to exist some obligation or to ires dutv towards the plaintiff, which the defendant pas'S-Fafufre has left undischarged or unfulfilled....
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Massachusetts Reports: Cases Argued and Determined in the ..., Volumes 111-112

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1903
...In Sweeny v. Old Colony $ Newport Railroad Co. 10 Allen, 3bb, 372, the rule is stated to be, that " in order to maintain an action for an injury to person...is the basis on which the cause of action rests." Negligence consists in doing or omitting to do an act in violation of a legal duty or obligation. In...
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