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Author: Horace Smith
Publisher:
ISBN:
Category : Employers' liability
Languages : en
Pages : 300
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Author: Horace Smith
Publisher:
ISBN:
Category : Employers' liability
Languages : en
Pages : 300
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Author: Francis Wharton
Publisher:
ISBN:
Category : Negligence
Languages : en
Pages : 910
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Author: Thomas Gaskell Shearman
Publisher:
ISBN:
Category : Negligence
Languages : en
Pages : 866
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Author: Horace Smith
Publisher:
ISBN: 9781332163618
Category : Law
Languages : en
Pages : 768
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Book Description
Excerpt from A Treatise on the Law of Negligence The "Law of Negligence" has not, I think, received that amount of attention from English text writers which its importance would seem to demand. The division of negligence into three classes: Neglect of duties requiring (1) ordinary, (2) more than ordinary, and (3) less than ordinary care appeared, upon the whole, to be a reasonable plan. This division is, no doubt, somewhat arbitrary; but it has the advantage of proceeding in some measure super antiquas vias, and it adapts itself to the increasing complexity of modern obligations. It cannot be doubted that in the progress of civilization a constantly increasing amount of care is required of men in proportion to the increased skill and intelligence which they are found to possess, to the increased difficulties of the duties which they undertake to perform, and to the keener sense of responsibility toward others which is characteristic of a more refined age. Thus it will be found, I think, that there is a tendency, both in the recent judgments of the judges and in the enactments of the Legislature, to widen the responsibilities of men in their conduct toward others. Upon the whole, then, I have thought such a division of my work to be desirable as giving a clearer view of what care the law requires in the performance of duties generally. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Thomas Gaskell Shearman
Publisher: Forgotten Books
ISBN: 9781333563578
Category : Law
Languages : en
Pages : 794
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Excerpt from A Treatise on the Law of Negligence, Vol. 3 of 3 Tin Lanphier v. Phipos, 8 Carr. P. Tindal, C. J., speaking of the degree of skill required of a surgeon, said: An attorney does not undertake, at all events, you shall gain your cause, nor does a surgeon undertake that he will per form a cure; nor does he undertake to use the highest possible degree of skill. There may be persons who have higher education and! Greater advantages than he has; but he nu dertakes to bring a fair, reasonable and competent degree of skill s. P., Bowman v. Tallman, 2 Rob. 385, afi'd, 40 How. Pr. 42, 3 Abb. Ct. App. 182, note; Weimer v. Sloane, 6 mclean, 259; ET te Gilberson, 4 Cranch C. C. 503 Watson v. Muir head, 57 Pa. St. 161; U. S. Mortgage Co. V. Henderson, 111 Ind. 24, 34. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Thomas Gaskell Shearman
Publisher: Forgotten Books
ISBN: 9781528119139
Category : Law
Languages : en
Pages : 688
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Book Description
Excerpt from A Treatise on the Law of Negligence, Vol. 1 of 2 The responsibility of carriers of goods has not been considered within the scope of this work, because they are generally liable as insurers, unless protected by special contract. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Charles Fisk Beach
Publisher: Forgotten Books
ISBN: 9780656362158
Category : Law
Languages : en
Pages : 562
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Book Description
Excerpt from A Treatise on the Law of Contributory Negligence I have made this book upon the Law of Contributory Negli gence in the belief that such a work, even if only fairly well done, would be timely, and might possibly be, in some degree useful to the bench and bar. The libraries have furnished, hith erto, no separate treatise upon this subject; the latest editions of the standard Works upon the Law of Negligence, which consider Contributory Negligence only incidentally, were published sev eral years ago, and the subject is one of constant, and constantly increasing interest and importance to the profession. It is by far the most important and material branch of the Law of Negli gence, and although we already have at hand, aside from the sev eral English treatises, the three excellent American works of Messrs. Shearman Redfield, Dr. Wharton, and Judge Thomp son respectively - each in its way the best of the three - 1 have thought, because the subject is an interesting one and impinges so much upon so many other leading titles in the law, that this work of mine might supplement rather than supplant what has already been better done upon the more general subject of N egli gence, and that it might, in consequence, turn out not a wholly superfluous undertaking. I have collected and cited more than three thousand cases - not omitting, as I believe, a reference to any valuable adjudication in point, by the State and Federal courts of our own country, and have endeavored to give a due prominence to recent English authorities, and to include, par ticularly, citations from the latest volumes of the reports and from current periodical legal literature. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Thomas G. Shearman
Publisher: Forgotten Books
ISBN: 9781333613037
Category : Law
Languages : en
Pages : 754
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Book Description
Excerpt from A Treatise on the Law of Negligence, Vol. 2 of 2 Sec. 665. Fire accidentally kindled on one's own land 666. Liability for Spread of fire 667. Proximate cause of injury from spread of fire 668. Fire purposely kindled 669. Fires kindled to clear land 67o. Firing other land.. 671 Statutory liability 672. Fire communicated from locomotives 673. Duty to use approved appliances on locomotives 674. Other neglect than want of approved appliances 675. Evidence of origin of fire 676. Burden of proof of origin of fire. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Thomas William Saunders
Publisher:
ISBN: 9781330687031
Category : Law
Languages : en
Pages : 294
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Book Description
Excerpt from A Treatise Upon the Law Applicable to Negligence About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Thomas Gaskell Shearman
Publisher: Forgotten Books
ISBN: 9780265101490
Category : Law
Languages : en
Pages : 1016
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Book Description
Excerpt from A Treatise on the Law of Negligence, Vol. 1 of 3 It must be conceded that, in a scientific Code of civil law, there would be no separate chapter on Negligence, The very first definition of negligence shows that a strictly scientific arrangement of the law would call for a statement of rights and duties, rather than of the facts which show neglect to perform those duties or to respect those rights. Nevertheless, a great mass of judicial decisions had clustered themselves under the general title of Negli gence, long before this or any other book had been planned under that title; and the number of such cases is constantly increasing. In the preparation of the various editions of this book, not less than forty thousand reported cases have been examined, nearly all of which had a direct bearing upon some question of negligence. After throwing out thou sands of these, as obsolete or repetitions, there remain cases in these volumes, over of which are from reports published within the last ten years. We leave others to estimate the vast number of unreported cases which must have been tried within the same period. It is manifest that there is an enormous and increasing amount of such litigation, and that it demands treatment as, practically, a separate department of the law. There is much lamentation over the continual increase of negligence suits; and the courts have sometimes expressed impatience with it. Indeed, it has become quite common for judges to state, as the ground of deci sions, the necessity of restricting litigation. Reduced to plain English, this means the necessity of compelling the great majority of men and women to submit to injustice. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
