In every case involving actionable negligence, there are necessarily three elements necessary to its existence : 1. The existence of a duty on the part of the defendant to protect the plaintiff from the injury of which he complains. 2. A failure by the... The Northeastern Reporter - Page 1871895Full view - About this book
| Illinois. Supreme Court - Law reports, digests, etc - 1908 - 726 pages
...action on the case to recover for a personal injury three facts must be made to appear : ( 1 ) The existence of a duty on the part of the defendant to...from the injury of which he complains; (2) a failure of the defendant to perform that duty; and (3) an injury to the plaintiff resulting from such failure.... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1907 - 712 pages
...St. Luke's Hospital, 191 1ll. 94.) Here, one element of the plaintiff's cause of action, viz., the existence of a duty on the part of the defendant to...the plaintiff from the injury of which he complains, was wholly omitted from the declaration, and the averment thus omitted cannot be implied or inferred... | |
| 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 - 1871 - 636 pages
...material to the decision. Such a doctrine would require the exercise of the highest degree of diligence on the part of the defendant to protect the plaintiff from the consequences of hia own negligence. In the case before us, each party had a right of passage, limited... | |
| Francis Wharton - Negligence - 1874 - 960 pages
...trains apthe decision. Such a doctrine would require the exercise of the highest degree of diligence on the part of the defendant to protect the plaintiff from the consequences of his own negligence. " In the case before us, each party had a right of passage, limited... | |
| Law reports, digests, etc - 1914 - 1230 pages
...involving actionable negligence there are necessarily three elements essential to its existence : (1) The existence of a duty on the part of the defendant to...plaintiff from the injury of which he complains; (2) a 140 P.-27 failure by the defendant to perform that duty; and (3) an injury to the plaintiff from such... | |
| Law reports, digests, etc - 1915 - 1234 pages
...Рас. 184. In the Faris Case it is said that three elements are necessary to sustain such actions: "The existence of a duty on the part of the defendant to...the plaintiff from the injury of which he complains; a failure by the defendant to perform that duty ; and, an injury to the plaintiff from such failure... | |
| Law reports, digests, etc - 1922 - 1158 pages
...duty on the part of defendant to protect plaintiff from the injuries complained of; (2) the failure of defendant to perform that duty; and (3) an injury to the plaintiff from such breach of duty by the defendant. When these elemente are brought together they unitedly constitute... | |
| Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - Law reports, digests, etc - 1916 - 884 pages
...negligence, where the wrong or injury is not willful or intentional, three elements are essential : (1) The existence of a duty on the part of the defendant to protect the plaintiff from injury; (2) failure of the defendant to perform that duty: and 1 3) injury to the plaintiff resulting... | |
| Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - Law reports, digests, etc - 1916 - 880 pages
...and intentional, this court has repeatedly held that three essential elements are necessary: (1) The existence of a duty on the part of the defendant to protect the plaintiff from injury; (2) the failure of the defendant to perform that duty; and (3) injury to the plaintiff resulting... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1894 - 1032 pages
...2. NEGLIGENCE. 1, WHAT CosgiiTim. — To constitute actionable negligence a duty moat exist OB tbe part of the defendant to protect the plaintiff from the injury of which he complain?, coupled with a failure to perform that duty, sad an injury to the plaintiff arising from... | |
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