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action amount applied assessment Assoc authority Bank Cas become beneficiary benefit Blatchf boat Brown by-laws cause certificate circumstances citizen City claim collision condition constitution contract corporation course court damages death defendant duty effect Encyc evidence existence fact fault fund given held injury interest Iowa issue John keep Knights land latter liable lights Lodge loss Mass means ment mutual national bank natural navigation necessary negligence notice officers Ohio ordinary owner paid party pass payment person plaintiff proper question reasonable receiver river rule sailing shares ship side Smith society Stat statute steam steamer sufficient term tion Torts United vessel Wall York
441 페이지 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
279 페이지 - ... and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so, that the green light shall not be seen on the port side nor the red light on the starboard side, nor, if practicable, more than two points abaft the beam on their respective sides.
381 페이지 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
276 페이지 - ... so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam...
428 페이지 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
291 페이지 - When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other.
277 페이지 - ... such lantern shall be exhibited, in sufficient time to prevent collision, so that the green light shall not be seen on the port side nor the red light on the starboard side.
425 페이지 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
238 페이지 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
271 페이지 - The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally ; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the government.