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" The party who last has a clear opportunity of avoiding the accident, notwithstanding the negligence of his opponent, is considered solely responsible for it" The United States supreme court in Grand Trunk Ry. "
Albany Law Journal - Halaman 277
1888
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The Pacific Reporter, Volume 52

1898 - 1164 halaman
...are negligent, the true rule is held to be tluit the party who last has a clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it. 2. A plaintiff may recover damages for an injury caused by the defendant's negligence, notwithstanding...
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The American State Reports: Containing the Cases of General Value ..., Volume 67

Abraham Clark Freeman - 1899 - 1064 halaman
...being negligent, the true rule is held to be that "the party who last has a clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it": 1 Shearman and Redfield on Negligence, sec. 99. It is also well settled that a plaintiff may recover...
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The American State Reports: Containing the Cases of General Value ..., Volume 67

Abraham Clark Freeman - 1899 - 1054 halaman
...being negligent, the true rule is held to be that "the party who last has a clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it": 1 Shearman and Redfield on Negligence, sec. 99. It is also well settled that a plaintiff may recover...
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The American and English Railroad Cases: A Collection of All Cases ...

1902 - 1036 halaman
...8.408, 429, 12 Sup. Ct. 679, 687, 36 L. Ed. 485. The elementary writers are equally emphatic. "The party who last has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it. It is now perfectly well settled that the plaintiff may recover damages for an injury caused by the...
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The Canadian Law Review, Volume 1

1902 - 540 halaman
...felicitously stated by a writer in the Quarterly Law Review (Vol. 2, p. 507) as follows: "The party who last has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it." This quotation implies what is expressly stated by the North Carolina Supreme Court in Smith v. Norfolk...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 14

Idaho. Supreme Court - 1908 - 922 halaman
...been accurately stated by a writer in the Quarterly Law Review, vol. 2, 507, as follows: "The party who last has a clear opportunity of avoiding the accident,...opponent, is considered solely responsible for it" The United States supreme court in Grand Trunk Ry. Co. v. Ives, 144 US 480, 12 Sup. Ct. 679, 36 L....
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Harvard Law Review, Volume 16

1903 - 652 halaman
...to be preferred, it should be the former. THE LAST CHANCE DOCTRINE. — " The party who has the last clear opportunity of avoiding the accident notwithstanding...opponent is considered solely responsible for it." The last chance doctrine thus expressed was adopted in a recent Louisiana case. Barnhill v. Texas &•...
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Reports of Cases Determined in the Appellate Courts of Illinois, Volume 117

Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1905 - 722 halaman
...injury. To hold, as contended by counsel, that " the party who last has a clear opportunity to avoid the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it," would therefore, in most cases, nullify and render nugatory the well-established rule that contributory...
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Lawyers' Reports Annotated, Buku 40

1905 - 1008 halaman
...negligent, the true rule is held to be that "the party who last has a clear opportunity of avoid ing the accident, notwithstanding the negligence of his...opponent, is considered solely responsible for it." 1 Shearm. & Redf. Neg. g 99. It is also well settled that a plaintiff may recover damages for an injury...
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Notes on the California Reports: Showing the Present Value as ..., Volume 2

1906 - 1058 halaman
...said to be a correct statement of the law in Holmes v. South Pac. C. Ry. Co., 97 Cal. 169. "The party who last has a clear opportunity of avoiding the accident,...of his opponent, is considered solely responsible": Esrey v. Southern Pacific Co., 103 Cal. 545. Cited in Everett v. Los Angeles etc. Ry. Co., 115 Cal....
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