American Negligence Reports, Current Series; All the Current Negligence Cases Decided in the Federal Courts of the United States, the Courts of Last Resort of All the States and Territories, and Selections from the Intermediate Volume 17

American Negligence Reports, Current Series; All the Current Negligence Cases Decided in the Federal Courts of the United States, the Courts of Last Resort of All the States and Territories, and Selections from the Intermediate Volume 17

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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. 1912 edition. Excerpt: ...occurrence complained of, it does not necessarily follow that a charge including both elements of wrongful conduct is meaningless. If very strict technical rules of pleading were applied it might be otherwise. Under the proper rule every reasonable intendment is to be considered in favor of the pleading and everything essential to the cause of action sought to be stated, reasonably inferable from the language used, is to be deemed as effectually pleaded as if expressly alleged. Section 2668, Rev. St. 1898; Morse '0. Gilman, 16 Wis. 504; Flanders 21. McVickar, 7 Wis. 372; Horn 1/. Ludington, 28 Wis. 81; Merrill zr. Merrill et al., 53 V/is. 522, IO N. W. Rep. 684; Miller "0. Bayer et al., 94 Wis. 123-126. 68 N. VV. Rep. 869; South Bend Chilled Plow Co. 'v. George C. Cribb Co., 97 VVis. 230, 72 N. W. Rep. 749. Or as stated thus in some of the cases cited: " If the essential facts can be gathered from the pleading or may reasonably be inferred from the allegations it is good though such allegations be in form uncertain and incomplete." It is considered that a charge that an act was negligently, carelessly and willfully done, or done negligently, carelessly and in disregard of consequences as to the personal safety of others, though open to a motion to make more definite and certain by removing the feature rendering it necessary to determine by construction what character of wrong is relied upon may reasonably be said to charge gross negligence. Therefore the objection to evidence under the complaint was properly overruled. However, since the objection directed attention to a probability that the pleader may have intended to charge both ordinary negligence and gross negligence, to set forth two causes of action of a...show more

Product details

  • Paperback | 362 pages
  • 189 x 246 x 19mm | 644g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236939085
  • 9781236939081