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" Bryan rests upon indefensible ground. The identification of the passenger with the negligent driver or the owner, without his personal co-operation or encouragement, is a gratuitous assumption. There is no such identity. The parties are not in the same... "
Weekly Notes of Cases Argued and Determined in the Supreme Court of ... - Page 12
1890
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 100

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1895 - 792 pages
...ground. The identification of the passenger with the negligent driver or the owner, without his personal .co-operation or encouragement, is a gratuitous assumption....contradicted by the daily experience of the world." The doctrine of Thorogood v. Bryan has met with similar treatment in most of the state courts of last...
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Albany Law Journal, Volume 41

1890 - 548 pages
...negligent driver or the owner, withont his personal co-operation or enconragement, is a gratuitons assumption. There is no such identity. The parties...asserted identity with them is contradicted by the dally experience of the world." Quotations might be given from many cases iu the different States illustrating...
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Albany Law Journal, Volume 33

1886 - 548 pages
...ground. The identification of the passenger with the negligent driver or the owner, without his personal co-operation or encouragement, is a gratuitous assumption. There is no such identity. The parties aro not iu the same poaitiou. The owner of a public conveyance is a carrier, and the driver or the...
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The Pacific Reporter, Volume 188

1920 - 1148 pages
...L. Ed. 652, it was said In respect to the supposed identification of the passenger with the carrier: "There is no such identity. The parties are not in...contradicted by the daily experience of the world." 116 US 375, 6 Sup. Ct. 395, 29 L. Ed. C52. The distinct reason given by the English courts for abandoning...
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Supreme Court Reporter, Volume 6

United States. Supreme Court - 1886 - 1238 pages
...ground. The identification of the passenger with the negligent driver or the owner, without his personal cooperation or encouragement, is a gratuitous assumption....contradicted by the daily experience of the world. Thorogood v. Bryan has not escaped criticism in the English courts. In the court of admiralty it has...
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The American Reports: Containing All Decisions of General ..., Volume 54

Isaac Grant Thompson - 1886 - 968 pages
...ground. The identification of.the passenger with the negligent driver or the owner, without his personal co-operation or encouragement, is a gratuitous assumption....contradicted by the daily experience of the world. Tltorogood v. Bryan has not escaped criticism in th» English courts. In the court of admiralty it...
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Atlantic Reporter, Volume 21

1891 - 1138 pages
...Mr. Justice FIELD said, in Little v. Hackett, 116 U. S. 366, 6 Sup. Ct. Rep. 391: "There is no euch identity. The parties are not in the same position....contradicted by the daily experience of the world." The rationale of the rule of Thorogood v. Bryan is expressly disavowed in ourown case of Lockhart v....
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New England Reporter: All Cases Determined in the Courts of Last ..., Volume 5

1887 - 1016 pages
...ground. The identification of the passenger with the negligent driver or the owner, without his personal co-operation or encouragement, is a gratuitous assumption....public conveyance is a carrier, and the driver or person, managing it is his servant . Neither of them is a servant of the passenger.and his asserted...
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The American Law Register, Volume 27; Volume 36

1888 - 892 pages
...passenger with the negligent driver or the owner without his personal co-operation or encouragement i ¿ a gratuitous assumption. There is no such identity. The parties are not in the samo position. The owner of a public conveyance is a carrier, and the driver or jnîrson managing it...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1890 - 768 pages
...language : " The identification of the passenger with the negligent driver or owner, without his personal co-operation or encouragement, is a gratuitous assumption....contradicted by the daily experience of the world." It is needless to review the cases on this subject. This view is concurred in by a strong current of...
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