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" States, as claimed by the learned counsel for the respondent, that the boarding or alighting from a moving train is presumably and generally a negligent act per se, and that, in order to rebut this presumption and justify a recovery for an injury sustained... "
Michigan Reports: Cases Decided in the Supreme Court of Michigan - 284. lappuse
autors: Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, James M. Reasoner, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, Richard W. Cooper - 1917
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Reports of Cases Argued and Determined in the Supreme Court And ..., 93. sējums

New Jersey. Supreme Court - 1920 - 584 lapas
...and in order to rebut this presumption and justify a recovery for an injury sustained in getting iin or off a moving train it must appear that the passenger...confidence that the attempt could be made in safety. Zelman'v. Penna. R. R. Co., 57 2. A passenger upon a railroad, operated pursuant to the General Railroad...
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The Northeastern Reporter, 9. sējums

1887 - 956 lapas
...it must appear the passenger was, by the act of the defendant, put to an election between alternate dangers, or that something was done or said, or that...confidence that the attempt could be made in safety. Mclniyre's Case, 37 XT 287, and Filer's Case, 49 NY 47, were cases of injury sustained by passengers,...
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Atlantic Reporter, 107. sējums

1920 - 924 lapas
...boarding or alighting from a moving railroad train is presumably and generally a negligent act per se, and in order to rebut this presumption and justify a recovery...confidence that the attempt could be made in safety. 2. CARBIEBS <©=>333(5) — STEPPING OFF MOVING TBAIN — CONTBIBUTOBY NEGLIGENCE — RECOVEBY. A passenger...
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The American Reports: Containing All Decisions of General ..., 56. sējums

Isaac Grant Thompson - 1887 - 1004 lapas
...guilty of contributory negligence, and a nonsuit was properly directed. The court, by ANDREWS, J., said: "It is, we think, the general rule of law, established...divert his attention from the danger and create a con6dence that the attempt could be made in safety. Mclntyrc's case, 37 NY 287, and Filer's case, 49...
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The Eastern Reporter: Containing All the Decisions of the States ..., 8. sējums

1887 - 972 lapas
...this presumption and justify a recovery for an injury sustained in getting on or off a moving tram, it must appear that the passenger was by the act of...confidence that the attempt could be made in safety. Mclntyre's case, 37 NY 287 ; and Filer's case, 49 id. 47, were cases of injury sustained by passengers,...
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The Southeastern Reporter, 6. sējums

1888 - 972 lapas
...must appear that the passenger was, by the act of the defendant, put to an election between alternate dangers, or that something was done or said, or that...confidence" that the attempt could be made in safety. Solomon v. Railway Co., supra.; Rallway Co. v. Ware, (Ky.) 1 SW Rep. 493. Plaintiff, an infant 10 years...
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A Treatise on the Law of Negligence, 1. sējums

Thomas Gaskell Shearman, Amasa Angell Redfield - 1888 - 720 lapas
...boarding or alighting from a moving train is presumably and generally a negligent act, per se, and in order to rebut this presumption, and justify a...confidence that the attempt could be made in safety " (per Andrews, J., in Solomon v. Manhattan R. Co., 103 NY 437). s. P. Card v. Manhattan R. Co. .103...
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Lawyers' Reports Annotated, 7. grāmata

1890 - 950 lapas
...passenger to a sudden election between alternative danger or inconvenience, or create some situation "which interfered, to some extent, with his free agency,...confidence that the attempt could be made in safety." This principle has been frequently maintained and upheld by different courts, and notably in the following,...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1890 - 766 lapas
...passenger to a sudden election between alternative danger or inconvenience, or create some situation " which interfered, to some extent, with his free agency,...confidence that the attempt could be made in safety." This principle has been frequently maintained and upheld by different courts, and notably in the following,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., 41. sējums

Louisiana. Supreme Court - 1890 - 1316 lapas
...passenger to a sudden election between alternate danger, or inconvenience, or create some situation which interfered, to some extent, with his free agency,...confidence that the attempt could be made in safety. 5. It is the duty of the passenger to exercise his own judgment, and, if the danger was so great that...
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