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" If the defendant ought to have foreseen that such an accident might happen, or if such an accident could reasonably have been anticipated, the omission to provide against it would be actionable negligence. But the facts rebut any inference of negligence... "
Reports of Cases Argued and Determined in the Court of Common Pleas for the ... - Page 222
by Charles Patrick Daly - 1892
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Albany Law Journal, Volume 36

1888 - 564 pages
...trouble. If the defendantought to have foreseen that such an accident might happen, or if such at: accident could have reasonably been anticipated, the...be actionable negligence. But the facts rebut any reference of negligence on this ground. The company had the experience of years certifying to the sufficiency...
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Reports of Cases, Volume 84

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1881 - 812 pages
...ought to have foreseen that such an accident might happen, of if such an accident could reasonably have been anticipated, the omission to provide against...sufficiency of the guard. That it was possible for a child or even a man to get through the opening was apparent enough. But that this was likely to occur was...
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The Northeastern Reporter, Volume 14

1888 - 972 pages
...accident could reasonably have been anticipated, the omission to provide against it would have been actionable negligence. But the facts rebut any inference...certifying to the sufficiency of the guard. * * * That this was likely to occur was negatived by the fact that multitudes of persons had passed over the bridge...
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The American Reports: Containing All Decisions of General ..., Volume 60

Isaac Grant Thompson - 1888 - 974 pages
...accident could have reasonably been anLafflin v. Buffalo and Southwestern Railroad Company. ticipated, the omission to provide against it would be actionable...opening was apparent enough. But that this was likely to occnr was negatived by the fact that multitudes of persons had passed over the bridge without the occurrence...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 112

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1888 - 680 pages
...ought to have foreseen that such an accident might happen, or if such an accident could reasonably have been anticipated, the omission to provide against...certifying to the sufficiency of the guard. * * That this was likely to occur was negatived by the fact that multitudes of persons had passed over the bridge...
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The New York Supplement, Volume 10

1890 - 1094 pages
...ought to have foreseen that such an accident might happen, or if such an accident could reasonably have been anticipated, the omission to provide against...sufficiency of the guard. That it was possible for a child, or even a man, to get through the opening, was apparent enough. But that this was likely to occur was...
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The Northwestern Reporter, Volume 50

1892 - 1310 pages
...ought to have foreseen that such an accident might happen, or if such an accident could reasonably have been anticipated, the omission to provide against it would be actionable negligence. " The conipuny was held not liable, because it appeared that it had no renson to apprehend «n accident...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1892 - 780 pages
...ought to have foreseen that such an accident might happen, or if such an accident could reasonably have been anticipated, the omission to provide against it would be actionable negligence." The company was held not liable, because it appeared that it had no reason to apprehend an accident...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 25

New York (State). Supreme Court. Appellate Division - 1898 - 746 pages
...ought to have foreseen that such an accident might happen, or if such an accident could reasonably have been anticipated, the omission to provide against...years, certifying to the sufficiency of the guard. The company had no reason to apprehend an accident like this, and the arrangements made were such as...
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The Southern Reporter, Volume 24

1899 - 1046 pages
...ought to have foreseen that such an accident might happen, or if such an accident could reasonably have been anticipated, the omission to provide against...sufficiency of the guard. That It was possible for a child, or even a man, to get through the opening, was apparent enough, but that this was likely to occur was...
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