 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1917 - 772 pages
...controversy is whether or no the trainmen who were operating the train that collided with the mare saw, or, by the exercise of ordinary care could have seen, the mare in time to have avoided the accident. Counsel for defendant, in their printed brief, say, referring... | |
 | 1910 - 2132 pages
...that place, which wa^ approaching the car upon which the plaintiff then and there was, as afons said, saw, or by the exercise of ordinary care could have seen, the plaintifl •in the position in which he then and there was, in time to have avoided Injuring Elm,... | |
 | 1912 - 1148 pages
...make it impossible for the motormau to stop the car before the accident, or if the motorman, after he saw, or by the exercise of ordinary care could have seen, the child in a position of danger, did everything that a reasonably careful man would do under like circumstances... | |
 | 1922 - 1218 pages
...his own negligence: (1) In driving toward and into the alleged defect in the street, if any, when he saw, or by the exercise of ordinary care could have seen, the same in time to have avoided driving into It; and (2) in driving at a rate of speed in excess of 10... | |
 | 1904 - 1060 pages
...the fireman, who tes- ¡ titled that he was also keeping a lookout, did not; and if either of them saw, or by the exercise of ordinary care could have seen, the signal, It was the duty of the engineer to have stopped the train. The Instruction refused by the court... | |
 | Missouri. Courts of Appeals - 1889 - 764 pages
...could not recover, unless the jury further find that the defendant's agents in charge of the train either saw, or by the exercise of ordinary care could have seen the peril that Donohoe was in, in time to have avoided injuring him." Judge NORTON goes further and repeats... | |
 | William John Tossell - 1909 - 958 pages
...Traction Co. v. Jennings. control to such an extent that he could have avoided the accident after he saw, or by the exercise of ordinary care could have seen, the vehicle on the track. Is not erroneous. S. DRIVING IN FRONT OF AN APPEOACHINO ELECTBIC CAR NOT NEGLIGENCE,... | |
 | 1896 - 772 pages
...straight and level for a long distance, and that deceased was on said track, and that the trainmen either saw, or by the exercise of ordinary care could have seen, him in time to have averted the danger, and failed to exercise that care, then the defendant was liable.... | |
 | William John Tossell - 1918 - 752 pages
...motorman had his car under control to such an extent that he could have avoided the accident after he saw, or by the exercise of ordinary care could have seen, the vehicle on the track. "Nor is it error to charge that 'it is not negligence in the driver of a vehicle... | |
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... saw, or by the exercise of ordinary care could have seen, the... 
