This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ... to injury, and that they were suffocated in their sleep, and that they were in the exercise of such care as prudent people ordinarily use under circumstances of exposure to injury from hidden and unsuspected causes.1 It would seem in all cases where injury results from unexpected and unforeseen causes ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ... to injury, and that they were suffocated in their sleep, and that they were in the exercise of such care as prudent people ordinarily use under circumstances of exposure to injury from hidden and unsuspected causes.1 It would seem in all cases where injury results from unexpected and unforeseen causes, that the burden of proof to show due care must be satisfied by showing that the plaintiff was where he had a lawful right to be, and, being there, behaved as prudent persons ordinarily behave. It would manifestly be absurd in such cases, in order to a recovery, to require proof by affirmative testimony that the injured person used special precautions against a danger the existence of which he was not bound to suspect. Such cases may be distinguished from those in which a plaintiff voluntarily puts himself in a dangerous place, or in which he is to be taken to know that danger may be anticipated.2 The general proposition that the burden is on the plaintiff to show that he was in the exercise of due care appears to be held, generally, by the English courts,3 and by the courts of several of the States.4 1 Smith v. Boston Gas Light Co., 120 Mass. 316. 2 Smith v. Boston Gas Light Co., 120 Mass. 316. See 137, post, notes and cases cited. ' See London, Brighton 8: South Coast Railway v. Walton, 14 L. T. 4 Trow 1: . Vermont Central R. R, 24 Vt. 487; Lazelle v. Newfane, 69 Vt. 306; Birge v. Gardiner, 19 Conn. 507; Beers r. Housatonic R. R., 19 Conn. 566; Kennard v. Burton, 25 Maine, 49; Moore v. Central R. R.,4 Zab. 284; Mynning v. Detroit, L. 8: N. It. R., 67 Mich. 677; Deikman v. Morgan's L. and T. R. & S. S. Co., 40 La. Ann. 787; Hathaway 2'. Toledo, Wabash & W. R. R., 46 Ind. 25; Toledo, Wabash & W. R. R. v. Brannagan, 75 Ind....
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