A Treatise On the Law of Torts in Obligations Arising From Civil Wrongs in the Common Law

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199; Hoe v. Sanborn, 21 N. Y. 552; 28 Am. Dec. liB3; (Setty v. Eountree, 2 Pinney, 379; 2 Chand.
28; 64 Am. Dec. 130; Sliattow. Abernethy, 35 Minn. 638; Kellogg Bridge Co. V. Hamilton, 110 TI. S. 108 ; Gerst v. Jones, 32 Gratt. 618 ; 84 Am. Eep.
773; Hight v. Bacon, 126 Mass. 10; Dearborn v. Downing, 77 Me. 457; Pease v. Sabln, 38 Vt. 432; 91 Am. Dec. 364; Byers v. Chapin, 28 Ohio St. 306; Dayton v. Hoogland, 89 Id. 682; Leopold v. Van Kirk, 27 Wis.
152; Bragg v. Morrill, 24 Am. Eep. 106; Bagle
...y v. Cleveland Eolling Mill Co., 21 Fed. Eep. 150; Bagan v. Call, 34 Pa. St. 236; 75 Am. Dec.
653; French v. Vining, 102 Mass. 132;, Dickinson v. Gay, 7 Allen, 29: 83 Am. Dec. 656; Dounce v. Dow, 64 N. Y. 411.
Volenti non fit Irduria. In the United States many of the authorities go further than the rule stated in the text and hold that the safety of one Is not insured where risks are assumed which are either known or are so patent that by the use of observation and ordinary prudence they DUTY TOWARDS PASSERS-BY.


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