 | Abraham Clark Freeman - 1897 - 1022 Seiten
...opinion, the court submitted the case to the jury upon the theory that, if the appellee proved that he was in the exercise of ordinary care at the time of the accident, there was a presumption that appellant was guilty of negligence, and accordingly that the appellant... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1898 - 714 Seiten
...governing the case was, we have no means of knowing. It is insisted the evidence fails to show that deceased was in the exercise of ordinary care at the time of the accident. It is true there is little direct evidence as to the matter on either side, but plaintiff's witness,... | |
 | 1899 - 856 Seiten
...opinion, the court submitted the case to the jury upon the theory, that, if the appellee proved that he was in the exercise of ordinary care at the time of the accident, there was a presumption that appellant was guilty of negligence, and accordingly that the appellant... | |
 | 1899 - 942 Seiten
...tracks, even though the •view is somewhat obstructed. Same — Question for Jury. — Whether plaintiff was in the exercise of ordinary care at the time of the accident was a question for the juryExcessive Damages. — S5.000 are not excessive damages for an Injury to... | |
 | Massachusetts. Supreme Judicial Court - 1901 - 692 Seiten
...of $2000, .before Rockwell, J., who allowed the following bill of exceptions : " As evidence that he was in the exercise of ordinary care at the time of the accident, the plaintiff testified on all points in the case, and among other things that on August 6, 1870, he was... | |
 | 1904 - 964 Seiten
...proximity to the passing car ; 2, that the injury was caused solely thereby ; and, 3, that the plaintiff was in the exercise of ordinary care at the time of the injury. It is contended that the plaintiff was guilty of contributory negligence; and that as the facts... | |
 | 1906 - 992 Seiten
...as follows: "When the court instructs the jury that the plaintiff can not recover unless Christensen was in the exercise of ordinary care at the time of the injury, the court means that Christensen was required to exercise such care for his own safety not... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1906 - 834 Seiten
...Co., lll Mo. 152, 19 SW 820, to the effect that it was not incumbent upon plaintiff in the first place to prove that the deceased was in the exercise of ordinary care and prudence; and Mattery v. Traveler's Ins. Co., 47 XY 52, 7 Am. Rep. 410, and Lancaster, Adm'r v.... | |
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The burden of proof is always on the plaintiff, in actions of this character, to show that the deceased was in the exercise of ordinary care at the time... 
