 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1913 - 804 páginas
...raised. The rule of law is, however, very clearly stated ' that when the damages arose from one of two causes, for one of which the defendant is responsible and for the other of which it is not responsible, the plaintiff must fail, if his evidence does not show that the damages were... | |
 | 1888 - 564 páginas
...is no difficulty; but where there is also another for which no one is responsible, we have held that "the plaintiff must fail if his evidence does not show that the damage was produced by the former canse." Searles v. Manhattan liy. Co., 101 N. Y. 661, and we add that he must fail also if it is just... | |
 | 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 - 1911 - 694 páginas
...APPELLANT'S AUTHORITIES. Where damages are claimed for injuries which may have resulted from one of two causes, for one of which the defendant is responsible and for the other of which it is not responsible, the plaintiff must fail if his evidence does not show that the damage was produced... | |
 | 1886 - 942 páginas
...SOURCE OF INJURY. When the fact is that the damages claimed in an action were occasioned by one of two causes, for one of which the defendant is responsible, and for the other not, the plaintiff must fail if his evidence does not show that the damages were produced by the former,... | |
 | 1886 - 1046 páginas
...repair. But there was no evidence that the ash-pan was out of repair, or that the cinder came from it. When the fact is that the damages claimed in an action...defendant is responsible, and for the other of which it is not responsible, the plaintiff must fail if his evidence does not show that the damages were... | |
 | 1908 - 1156 páginas
...la responsible, and for the other of which It Is not responsible, the plaintiff must fall, If Ыэ evidence does not show that the damage was produced...former cause. And he must fail also if It is just as probable that they were cansod by tlie one as by the other, as the plaintiff is bound to make out his... | |
 | 1886 - 672 páginas
...an action were occasioned by one of two causes, for one of which the defendant is responsible only, the plaintiff must fail if his evidence does not show that the damages were produced by that cause. He must fail also if it is just as probable that they were produced... | |
 | 1887 - 666 páginas
...explanation of the injury there is no difficulty, but where there is also another, for which no one is responsible, the plaintiff must fail if his evidence...that the damage was produced by the former cause. 101 NY, 661. If it is just as probable that the injury came from one cause as the other the plaintiff... | |
 | 1887 - 1038 páginas
...no difficulty; but where there is also another for which no one is responsible we have held that " The plaintiff must fail if his evidence does not show...that the damage was produced by the former cause;" Searles v. Manhattan It. Co. (NY) 2 Cent. Rep. 442, 101 N. Y. 661 ; and we added that he must fail... | |
 | 1909 - 1320 páginas
...the one just announced that where an action is brought for damages, which are occasioned by one of two causes for one of which the defendant Is responsible, and for the other not, the plaintiff must fail if his evidence fails to show that the damages were produced by the first,... | |
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When the fact is that the damages claimed in an action were occasioned by one of two causes, for one of which the defendant is responsible and for the other of which it is not responsible, the plaintiff must fail if his evidence does not show that the... 
