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Strana 324
as cases that a custom , although not pleaded , may be proved " . an evidentiary fact tending to prove an ultimate pleaded fact , or as an evidentiary fact tending to prove a fact that tends to prove an ultimate pleaded fact .
as cases that a custom , although not pleaded , may be proved " . an evidentiary fact tending to prove an ultimate pleaded fact , or as an evidentiary fact tending to prove a fact that tends to prove an ultimate pleaded fact .
Strana 710
( c ) The presumption of negligence supplies the lack of proof , or serves in its stead , on the fact of negligence ... while if one proves facts which give rise to the rule of res ipsa loquitur , he is entitled merely to go to the jury ...
( c ) The presumption of negligence supplies the lack of proof , or serves in its stead , on the fact of negligence ... while if one proves facts which give rise to the rule of res ipsa loquitur , he is entitled merely to go to the jury ...
Strana 723
... and the usual character of his business , it would be almost impossible for the owner to show negligence , while on the other hand the former , if he had exercised proper care , can in most cases show the fact without difficulty .
... and the usual character of his business , it would be almost impossible for the owner to show negligence , while on the other hand the former , if he had exercised proper care , can in most cases show the fact without difficulty .
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Obsah
it can be ruled that the conduct of | 46 |
Murowski 1899 179 Ill 77 53 | 92 |
principle thus expressed in American | 105 |
Autorská práva | |
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action actual agreement alleged amount annotation appeared applied approaching authority cause charge claim condition conduct constitute contract contributory counterclaim County court crossing custom damages danger defendant duty earnings effect engine entitled evidence existence fact failed failure feet give given gross held holding hour husband implied infra injury intent interest involved issue judgment jury knowledge land lease lien loss matter ment miles mortgage negligence notice operating opinion owner particular parties peril person plain plaintiff pleaded possession present proper purchase question railroad reason reckless recover recovery replevin result rule running setoff shown signals speed statute street sufficient supra SW 2d tenant tion tort track train wanton warranty wife wilful written