 We think, as the result of all the authorities, the rule is correctly stated by Mr. Greenleaf, that the plaintiff must come prepared with evidence to show either that the intention was unlawful, or that the defendant was in fault; for if the injury was...  Risks in modern industry - Page 187by American Academy of Political and Social Science - 1911 - 317 pagesFull view - About this book
 | Simon Greenleaf - Evidence (Law) - 1854 - 784 pages
...partakes of its inviolability.9 § 85. And here, also, the plaintiff' must come prepared with evidence to show, either that the intention was unlawful, or, that the defendant was in fault; for if the injury was unavoidable, and the conduct of the defendant was free from blame, he will not... | |
 | Francis Wharton - Negligence - 1874 - 960 pages
...of all the authorities, that the rule is that the plaintiff must come prepared with evidence to Dhow that the intention was unlawful, or that the defendant was in fault ; for if the injury was unavoidable, and the conduct of the defendant was free from blame, he will... | |
 | Thomas Whitney Waterman - Trespass - 1875 - 756 pages
...declined to disturb it. § 151. The burden of proof in cases of apparent accident is on the plaintiff to show either that the intention was unlawful or that the defendant was in fault. Where, therefore, A. threw a stick which struck the plaintiff, but it did not appear for what purpose... | |
 | 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 - Law reports, digests, etc - 1875 - 674 pages
...the rule is correctly stated by Mr. Greenleaf, that the plaintiff must come prepared with evidence to show either that the intention was unlawful, or that the defendant was in fault; for if the injury was unavoidable, and the conduct of the defendant was free from blame, he will not... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1876 - 854 pages
...established that, in an action of assault and battery, the plaintiff must be prepared with evidence to show, either that the intention was unlawful, or that the defendant was in fault 2 Greenl. on Ev., § 85. The jury, by their special finding, have ignored the unlawful intention, and... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1877 - 766 pages
...understand, for an assault and battery. ' And here also the plaintiff must come prepared with evidence to show, either that the intention was unlawful or that the defendant was in fault; for if the injury was unavoidable, and the conduct of the defendant was free from blame, he will not... | |
 | Electronic journals - 1909 - 672 pages
...authorities the rule is correctly stated . . . that the plaintiff must come prepared with evidence to show that the intention was unlawful or that the defendant was in fault; for if the injury was unavoidable and the conduct of the defendant was free from blame, he will not... | |
 | Francis Marion Burdick - Torts - 1891 - 416 pages
...the rule is correctly stated by Mr. Greenleaf, that the plaintiff must come prepared with evidence to show either that the intention was unlawful, or that /the defendant was in fault; for if the injury was unavoidable, • 1 and the conduct of the defendant was free from blame, he will... | |
 | Simon Greenleaf - Evidence (Law) - 1892 - 760 pages
...Negligence. Unlawful intent. And here also the plaintiff must come prepared with evidence to show, cither that the intention was unlawful, or that the defendant was in fault ; for if the injury was unavoidable, and the conduct of the defendant was free from blame, he will... | |
 | Edwin Ames Jaggard - Torts - 1895 - 700 pages
...act of force, it is insisted that the rule is that the "plaintiff must come prepared with evidence to show either that the intention was unlawful or that the defendant was in fault; for, if the injury was unavoidable and the conduct of the defendant free from blame, lie will not be... | |
| |
