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" On the other hand, where the accident arises from a hidden and internal defect, which a careful and thorough examination would not disclose, and which could not be guarded against by the exercise of a sound judgment and the most vigilant oversight, then... "
Annual Report of the Secretary of the Board of Agriculture - Page 248
by Massachusetts. State Board of Agriculture - 1886
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1867 - 988 pages
...thorougli examination would not disclose, and which could not be guarded against by the exercise of a souud judgment and the most vigilant oversight, then the...no redress in the form of a pecuniary recompense/' This extract from the judgment of Mr. Justice Hubbard, in my opinion, truly * expresses the rule of...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1849 - 808 pages
...thorough examination would not disclose, and which could not be guarded against by the exercise of a sound judgment, and the most vigilant oversight, then...no redress in the form of a pecuniary recompense. And we are of opinion that the instructions, which the defendants' counsel requested might be given...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1851 - 836 pages
...thorough examination would not disclose, and which could not be guarded against by the exercise of a sound judgment, and the most vigilant oversight, then...no redress in the form of a pecuniary recompense. And we are of opinion that the instructions, which the defendants' counsel requested might be given...
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A Treatise on the Law of Evidence, Volume 2

Simon Greenleaf - 1854 - 784 pages
...thorough examination would not disclose, and which could not be guarded against by the exercise of a sound judgment and the most vigilant oversight, then...no redress in the form of a pecuniary recompense. And we are of opinion that the instructions, which the defendants' counsel requested might be given...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1854 - 722 pages
...thorough examination would not disclose, and which could not be guarded against by the exercise of a sound judgment and the most vigilant oversight, then the proprietor is not liable." The question of liability is here put upon its true foundation. It is a question of negligence, not...
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Commentaries on the Law of Bailments: With Illustrations from the Civil and ...

Joseph Story - 1856 - 728 pages
...thorough examination would not disclose, and which could not be guarded against by the exercise of a sound judgment and the most vigilant oversight, then...no redress in the form of a pecuniary recompense. And we are of opinion that the instructions, which the defendants' counsel requested might be given...
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A Treatise on the Law of Contracts, Volume 2

William Wetmore Story - 1856 - 848 pages
...thorough examination would not diselose, and which could not be guarded against by the exercise of a sound judgment and the most vigilant oversight, then...misfortune must be borne by the sufferer, as one of that elass of injuries for which the law can afford no redress in the form of a pecuniary recompense." l...
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The Law of Contracts, Volume 1

Theophilus Parsons - 1857 - 936 pages
...would not disclose, and which could not be guarded against bv the exercise of a sound judgment anil the most vigilant oversight, then the proprietor is not liable for the injury, but the misfortune mu*t be borne by the sufferer, as one of that class of injuries for which the law can afford no redress...
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A Treatise on the Powers and Duties of Justices of the Peace, in the State ...

Alexander Ralston Tiffany - 1859 - 656 pages
...thorough examination would not disclose, and which could not be guarded against by the exercise of a sound judgment, and the most vigilant oversight, then...the injury, but the misfortune must be borne by the suffierer, as one of that class of injuries for which the law can afford no redress in the form of...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 11

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1859 - 654 pages
...guarded against by the exercise of a sound judgment and the most vigilant oversight, then the May Term, proprietor is not liable for the injury, but the misfortune must be borne by the 1858. sufferer, as one of that class of injuries for which the law can afford no redress in the form...
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