American Negligence Reports, Current Series: (cited Am. Neg. Rep.) All the Current Negligence Cases Decided in the Federal Courts of the United States, the Courts of Last Resort of All the States and Territories, and Selections from the Intermediate Courts, Together with Notes of English Cases and Annotations, Volume 8 (Google eBook)
John Milton Gardner, Walter James Eagle
Remick & Schilling, 1900 - Employers' liability
"All the current negligence cases decided in the federal courts of the United States, the courts of last resort of all the states and territories, and selections from the intermediate courts, together with notes of English cases and annotations." (varies)
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Page 467 - Now, upon the facts proved, it was urged on the part of the plaintiff, that the case should have been submitted to the jury, on the question as to whether there was evidence of the scienter.
Page 70 - When a thing which causes injury is shown to be under the management of the defendant, 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 a want of care.
Page 78 - The answer was a general denial and a plea of contributory negligence on the part of the husband of plaintiff.
Page 487 - Every such action shall be brought by and in the name of the personal representative of such deceased person...
Page 533 - The court, in every stage of an action, must disregard any error or defect in the pleadings or proceedings, which does not affect the substantial rights of the adverse party ; and no judgment shall be reversed or affected by reason of such error or defect.
Page 487 - 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 and recover damages in respect thereof...
Page 496 - ... fair and just compensation for the pecuniary injuries, resulting, from the decedent's death, to the person or persons for whose benefit the action is brought.
Page 80 - The court instructs the jury that, although they may believe from the evidence that the...
Page 534 - This is an action brought by the administrator to recover damages for the death of his intestate, alleged to have been caused by the negligence of the defendant.
Page 142 - ... means safe according to the usages, habits, and ordinary risks of the business. Absolute safety is unattainable, and employers are not insurers. They are liable for the consequences not of danger but of negligence and the unbending test of negligence in methods, machinery, and appliances is the ordinary usage of the business. No man is held by law to a higher degree of skill than the fair average of his profession or trade, and the standard of due care is the conduct of the average prudent man.