...injured, — then the plaintiff is entitled to recover, unless the jury are satisfied that the plaintiff was negligent, and that his negligence was the proximate cause of the injury; and, further, that the burden of proof as to such negligence of the plaintiff rests upon the...

...injured, — then the plaintiff is entitled to recover, unless the jury are satisfied that the plaintiff was negligent, and that his negligence was the proximate cause of the injury; and, further, that the burden of proof as to such negligence of the plaintiff rests upon the...

...cause of the injury "; and that " unless the omission to have a platform erected around the engine was the proximate cause of the injury," the plaintiff could not recover. It was also held proper, in this case, to refuse to charge, the evidence being conflicting, "that there...

...and voluntarily, MILUNO Co. assumed the risk, or that he was negligent in his mode of using the way, and that his negligence was the proximate cause of the injury. The words " not unduly negligent " mean reasonably careful ; at all events, they do not constitute a finding...

...defendants, there could be a recovery against both only upon a finding by the jury that each defendant was negligent and that his negligence was the proximate cause of the accident which resulted in the death of the decedent. The case came on for trial at Trial Term before...

...defendants, there could be a recovery against both only upon a finding by the jury that each defendant was negligent and that his negligence was the proximate cause of the accident which resulted in the death of the decedent. The case came on for trial at Trial Term before...

...consequences of their own negligence. From the facts we think it may safely be said that the fireman was negligent and that his negligence was the proximate cause of the injury, and that it was sufficient to authorize the verdict and judgment against the railroad company....

...plaintiff must convince your minds by a fair preponderance of the evidence, h'rst, that the defendant was negligent, and that his negligence was the proximate cause of the injury. Now, if his car hit the other car, but did not send it over the bank, — if his car hit the...

...unless the defendant was found guilty of the particular negligence to which the evidence points as the proximate cause of the injury, the plaintiff could not recover. The court said to the jury: "The counsel for the plaintiff has frankly stated to you that, If the boy who...

...of the plaintiffs is that the defendant's chauffeur was driv- ¡ ing at a negligent rate of speed, and that his negligence was the proximate cause of the injury. The evidence satisfactorily sustains the finding of the jury to that effect, and a recital of it would...