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" ... knew, or by the exercise of ordinary care should have known, of the danger. "
Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 11
by Montana. Supreme Court - 1922
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 102

Ohio. Supreme Court - 1922 - 848 pages
...further alleges that children were accustomed to enter the premises and use the same as a playground ; that the defendant knew or by the exercise of ordinary care should have known of such use and the condition of such excavation and the walls thereof, and "permitted, allowed and Statement...
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The Pacific Reporter, Volume 198

1921 - 1220 pages
...that, while held by the plaintiff, one of the firecrackers exploded and caused Injuries to plaintiffs left hand, necessitating partial amputation of the...alleged that by reason of the injuries sustained to the plaintiffs left hand it has become deformed, and that his earning capacity is greatly diminished and...
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The Pacific Reporter, Volume 133

1913 - 1236 pages
...dangerous and unsafe by having Its roots burned by a fire In the timber, so as to greatly weaken the tree, and that the defendant knew, or by the exercise of ordinary care should have known, the dangerous condition of the tree on account of the fire, while the plaintiff had no knowledge...
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The Northeastern Reporter, Volume 43

1896 - 1148 pages
...existence of a leak at this point for several years before the explosion, and that appellant knew, or by the exercise of ordinary care should have known, of the existence of such leak long before the accident. In the light of this evidence, and on this theory,...
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Atlantic Reporter, Volume 59

1905 - 1156 pages
...sustains loss by reason of gas escaping and exploding, but It is liable for an explosion where it knew, or by the exercise of ordinary care should have known, of the defect in its pipes or mains. That, gentlemen, briefly defines the position or the law. or the rules...
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Atlantic Reporter, Volume 104

1919 - 1046 pages
...torn up, and ! a depression two inches deep was left for several weeks, and the municipality knew, or by the exercise of ordinary care should have known, of the defect, such municipality was liable to one injured by reason of the depression. 3. MUNICIPAL CORPORATIONS...
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The South Western Reporter, Volume 273

1925 - 1216 pages
...constituted a nuisance, and created a condition attractive to children and dangerous to children and others, and that the defendant knew, or by the exercise of ordinary care should have known, all of said facts, circumstances, and conditions in time so that, by the exercise of ordinary...
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The Southwestern Reporter, Volume 104

1907 - 1348 pages
...injuries of plaintiff in his petition complained of, and that defendant's agent in charge of the car knew, or by the exercise of ordinary care should have known, of the existence of said pathway, and of the use thereof by persons going to or coming from the spring aforesaid,...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volume 99

Arkansas. Supreme Court - 1912 - 708 pages
...him because the place was not safe. 68 Ark. 316; 56 Ark. 332; 48 Ark. 346; 53 Ark. 117. Maynard knew, or by the exercise of ordinary care should have known, of the defective condition of the derrick. He was therefore guilty of contributory negligence, and the court...
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Reports of Cases Argued and Determined in the Ohio Circuit Courts ..., Volume 17

William John Tossell - 1906 - 924 pages
...was exposed and continued at work relying upon the assurance of his superior that the same was safe; that the defendant knew, or, by the exercise of ordinary care should have known, that to require the plaintiff to cut two pieces of iron so bolted together in said machine would...
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