The Law of Torts
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288 ; Stanley v. Powell, 1891, 1 Q, B. 86. See also Dixon V. Bell, 5 Maule & S. 198. Greater care will be required in the use of such weapons than in that of things not dangerous ; but the question still is of the conduct of the prudent man in using them, and that question is one of fact. Moebus v. Becker and McCleary v. Frantz, supra.
Note then the distinction between the firing off a gun, and such cases, as explosions of nitro-glyoerine or the bursting of reservoirs. See chap- ter xix.
2 See ...Mulligan v. New Britain, 69 Conn. 96 ; Uggla v. West End Ry.
Co., 160 Mass. 351; Ellis v. Lynn R. Co., id. 341.
8 114 THE LAW OF TORTS. [Chap. UI.
and endless other ' accidents ' so-called, — in common cases sucli as these the question actually put to the jury or to the judge for decision is whether the defendant was in the exer- cise of due or reasonable care at the time of the misfortune.
Other questions may be involved; but the question of the defendant's negligence is always fundamental, and usually takes the form stated.
What to read after The Law of Torts?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
288 ; Stanley v. Powell, 1891, 1 Q, B. 86. See also Dixon V. Bell, 5 Maule & S. 198. Greater care will be required in the use of such weapons than in that of things not dangerous ; but the question still is of the conduct of the prudent man in using them, and that question is one of fact. Moebus v. Becker and McCleary v. Frantz, supra.
Note then the distinction between the firing off a gun, and such cases, as explosions of nitro-glyoerine or the bursting of reservoirs. See chap- ter xix.
2 See ...Mulligan v. New Britain, 69 Conn. 96 ; Uggla v. West End Ry.
Co., 160 Mass. 351; Ellis v. Lynn R. Co., id. 341.
8 114 THE LAW OF TORTS. [Chap. UI.
and endless other ' accidents ' so-called, — in common cases sucli as these the question actually put to the jury or to the judge for decision is whether the defendant was in the exer- cise of due or reasonable care at the time of the misfortune.
Other questions may be involved; but the question of the defendant's negligence is always fundamental, and usually takes the form stated.
What to read after The Law of Torts?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
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