The true rule is that what is the proximate cause of an Injury is ordinarily a question for the jury. It is not a question of science or legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending It. Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 206by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1908Full view - About this book
| Law - 1878 - 442 pages
...107 Mass. 494; Tent Vs. Thf Toledo, Peoria and Warsaw Railroad Co. , 49 111. 349. ) The true rule is, that what is the proximate cause of an injury is ordinarily...question for the jury. It is not a question of science or legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.... | |
| Law reports, digests, etc - 1878 - 680 pages
...steamboat, without the aid of other causes not reasonably to be expected. Held, no error; the true rule is that what is the proximate cause of an injury is ordinarily...question for the jury. It is not a question of science or legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.... | |
| Horace Gay Wood - Fire insurance - 1886 - 682 pages
...Dewey, 107 id. 494 ; Tent v. The Toledo, Peoria and Warsaw Railroad Co., 49 I11. 340. The true rule is that what is the proximate cause of an injury is ordinarily a question for U,e jury. It is not a question of science or of le9al knowled9e. R is to be determined as a fact, in... | |
| Law reports, digests, etc - 1900 - 2044 pages
...4C9, 474. 476, Mr. Justice Strong, who delivered the opinion of the court, said: "The true rule Is that what Is the proximate cause of an Injury Is ordinarily...is not a question of science or of legal knowledge. • • * In the nature of things, there is in every transaction a succession of events more or less... | |
| Law reports, digests, etc - 1919 - 2026 pages
...Justice Strong in Milwaukee, etc., Ry. Co. v. Kellogg, 94 US 469, 474, 24 L. Ed. 256: "The true rule is that what Is the proximate cause of an injury is ordinarily...jury. It is not a question of science or of legal know-lodge. It Is to be determined as a fact, in view of the circumstances of fact attending it." Our... | |
| Law reports, digests, etc - 1903 - 1112 pages
...relies upon it. 9. SAME— PROXIMATE CAUSE— EXISTENCE OF EVIDENCE— DIRKCTING VERDICT. The question, what is the proximate cause of an injury? is ordinarily a question for the jury. But the burden is always on the plaintiff, in an action for personal injury, to show that the negligence... | |
| Law reports, digests, etc - 1895 - 2084 pages
...Judge. JENKINS, Circuit Judge (after stating the facts). Without doubt, whether a given act or omission is the proximate cause of an injury is ordinarily a question for a jury. Railway Co. v. Kellogg, 94 US 46Í). This, however, is subject to the well-settled rule that... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1882 - 764 pages
...supreme court of the United States in M. & St. P. Railway Co.v. Kellogg, supra: " The true rule is, that what is the proximate cause of an injury is ordinarily...question for the jury. It is not a question of science or legal knowledge. It is to be determined as a fact, in view of the Brown and wife vs. The Chicago, Milwaukee... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1883 - 958 pages
...Supreme Court of the United States in M. & St. P. Railway Co. v. Ktllogg, supra : " The true rule is that what is the proximate cause of an injury is ordinarily...question for the jury. It is not a question of science or legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it."... | |
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