 | Connecticut. Supreme Court of Errors - 1896 - 690 lehte
...gin-poles parted, and the men employed in the work were skillful and competent in it. "I find that Bunnell was in the exercise of due care at the time of the injury to him. " In consequence of the falling upon him of said iron framework, Bunnell received severe... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 1314 lehte
...evidence was in, the defendants requested the court to rule that the plaintiff had not proved that he was in the exercise of due care at the time of the occurrence of the injury ; but that, taking his own testimony to be true, (and it was not contradicted... | |
 | Massachusetts. Supreme Judicial Court - 1870 - 728 lehte
...was struck by one of the hind wheels of that wagon, and injured. Held, that the question whether he was in the exercise of due care at the time of the injury was for the jury. TORT for injuries sustained by being knocked down and run over by a wagon... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - 1880 - 710 lehte
...presumption." This instruction wholly ignores the necessity of proof on the part of the plaintiff that he was in the exercise of due care at the time of the accident. The declaration avers that the plaintiff was without fault, and the law requires that to entitle him... | |
 | Horace Gay Wood - 1885 - 806 lehte
...position they were struck and injured by a train, — it was held that the question whether the traveller was in the exercise of due care at the time of the collision, was for the jury. Engun v. Fitchburg RR Co., 101 Mass. 315. A man was found dead on a railrond... | |
 | 1902 - 1202 lehte
...rule is so well established in this state that It must affirmatively appear that the injured, person was In the exercise of due care at the time of the injury; that the citation of authorities to that effect is unnecessary. There was evidence that the... | |
 | 1915 - 1138 lehte
...(2) Because the case failed to show negligence on the part of the defendant. (3) Becau.se therewas no evidence tending to show that the plaintiff was...servants did not do all they could to prevent the rccident after the situation of the tçarn was discovered. This motion was overruled, and the defendant... | |
 | 1908 - 1156 lehte
...recover. (16) The burden is upon the plaintiff to .establish by a fair balance of proof that the deceased was in the exercise of due care at the time of the accident. If the evidence fails to estaßlish this fact, your verdict should be for the defendant. (17) The burden... | |
 | 1915 - 1132 lehte
...Railroad, 75 NH 40, 71 Atl. 21, 21 Ann. Cas. 1166, to sustain his contention that it could be found that he was in the exercise of due care at the time of the accident. In the above case Stearns was approaching a crossIng driving a pair of horses, one of which was afraid... | |
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That there was no evidence tending to show that the plaintiff was in the exercise of due care at the time she sustained the injury. 
