Cases On Measure of Damages
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580, a question of contrib- utory negligence was made against a young woman who, in attempting to pass a cart in a public way, which had com- menced backing towards her, accidentally fell over an embank- ment and was injured. The following instruction by the trial judge to indicate the degree of care required of the plaintiff, was held unexceptionable : ' ' Care implies attention and caution, and ordinary care is such a degree of attention and caution as a person of ordinary prudence of the pla...intiff's sex and age would commonly and might reasonably be expected to exercise under like circumstances. " This no doubt is true.
But while the authorities permit all the circumstances to be taken into the account, age and sex among the rest, in deter- mining the degree of care to be reasonably required or looked for, no case, so far as we know, has ever laid it dowTi as a rule of law that less care is required of a woman than of a man. Sex is certainly no excuse for negligence (Fox v. Glastenbury, 29 Conn.
What to read after Cases On Measure of Damages?
You can find similar books in the "Read Also" column, or choose other free books by Isaac Franklin Russell to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
580, a question of contrib- utory negligence was made against a young woman who, in attempting to pass a cart in a public way, which had com- menced backing towards her, accidentally fell over an embank- ment and was injured. The following instruction by the trial judge to indicate the degree of care required of the plaintiff, was held unexceptionable : ' ' Care implies attention and caution, and ordinary care is such a degree of attention and caution as a person of ordinary prudence of the pla...intiff's sex and age would commonly and might reasonably be expected to exercise under like circumstances. " This no doubt is true.
But while the authorities permit all the circumstances to be taken into the account, age and sex among the rest, in deter- mining the degree of care to be reasonably required or looked for, no case, so far as we know, has ever laid it dowTi as a rule of law that less care is required of a woman than of a man. Sex is certainly no excuse for negligence (Fox v. Glastenbury, 29 Conn.
What to read after Cases On Measure of Damages?
You can find similar books in the "Read Also" column, or choose other free books by Isaac Franklin Russell to read onlineMoreLess
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