Court of Appeals of State of New York

Court of Appeals of State of New York

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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. Excerpt: ...the liveryman had given to defendant the right to direct the driver to "cut a short corner " in violation of the city ordinance; and, proceeding from that inference, to deduce the further inference (2) that the ambulance surgeon was authorized by defendant to exercise that right, and still further to infer (8) that, either by express direction from the ambulance surgeon or by his "presence and acquiescence" (acquiescence iu what V), there was conferred upon the driver authority thus to " cut the corners.' Appellant submits that, aside from the reasons given above, such a conclusion can be reached only by violating a legal rule long settled and undisputed. Lamb v. Union Ry. Co., 195 N. Y., 260, by Chase, J., at p. 266: "It is a well settled rule of law that you "cannot base inference upon inference "(O'Garav. Eisenlohr, 38 N. Y., 296; Rup"pert v. Brooklyn H. R. R. Co., 154N. Y., "90). Every inference must stand upon "some clear, direct evidence and not upon ' some other inference or presumption." Ruppert v. Brooklyn Heights R. R. Co., 154 N. Y., 90, by O'BRIEN, J., at pp. 93-94: "It is entirely true that a material fact in "a civil or criminal action may be estab' lished by circumstantial evidence, but the ' circumstances must be such as to lead fairly "and reasonably to the conclusion sought to "be established and to exclude any other "hypothesis fairly and reasonably. It has "been said that circumstantial evidence con"sists in reasoning from facts which are "known or proved, in order to establish such "as are conjectured to exist, but the process "is fatally vicious if the circumstance from ' which we seek to deduce the conclusion...
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Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236956060
  • 9781236956064