The Irish Reports Containing Reports of Cases Argued and Determined in the Superior Courts in Ireland; Equity Series Volume 10

The Irish Reports Containing Reports of Cases Argued and Determined in the Superior Courts in Ireland; Equity Series Volume 10

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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. 1877 edition. Excerpt: ...The plaintiff could not read.' In the hurry he got a vague direction from a person on the platform to turn to the right. He entered the lamp-room, and stumbling down the steps seriously injured himself. On the first blush that seems a good case for a jury. I know the kind of speech I would hear from the plaintiffs coun sel in reply. Cresswell, J., non-suited the plaintiff. In the Court above, the ruling of the Judge at the trial was upheld, Williams, J., thus expressing himself: -----" It is not enough to say there was some evidence; for every person who has had any experience in Courts of justice knows very well that a case of this kind against a railway company could only be submitted to a jury with one result. A scintilla of evidence, or a mere surmise that there may have been negligence on the part of the defendants clearly would not ustify the Judge in leaving the ease to the ury. There must be evidence upon which they might reasonably and properly conclude that there was negligence." In this judg ment Willes, J., concurred. Well, the same principle, but in a different form of action from the present, is laid down in the Exchequer Chamber in the case of W/welton v.1IrmI1L-ty Now, one question there was, whether there was any evidence suflioient to warrant the jury in finding that the plaintiffs were induced to enter into the policy by a prospectus issued by the company. There was proof given of the fact of the prospectus asserted to be fraudulent having been issued by the company, but no express proof was given that the plaintiffs saw it, or were induced by it to enter into the policy. The jury, of course, found for the plaintiffs. Three of the learned Judges, Wightman, Erle, and Crompton, thus expressed their...show more

Product details

  • Paperback | 216 pages
  • 189 x 246 x 12mm | 395g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236852524
  • 9781236852526