A Treatise On the Law of Negligence volume 1

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A Treatise On the Law of Negligence volume 1
Thomas Gaskell Shearman
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Reed, 51 Me. 325. It has been held unjust to the plaintiff to charge that he can- not recover, if his negligence "con- tributed in any appreciable degree " (Erie Tel. Co. V. Grimes, 82 Tex. 89 ; 17 S. W. 831). 3 This was expressly held in Louis- ville, etc. R. Co. V. Shanks, 94 Ind. 598, It has been held that a court is bound upon request to charge the jury that the injury must be "solely" caused by the defendant's fault (Grippen v. N. Y. Central R. Co. , 40 N. Y. 34 ; Bigelow v. Reed, 51 Me. 3...25). But this is obviously erroneous. See ^ 65, ante. It has been held not sufficient to charge that it must be essentially so caused (Grippen v. N. Y. Central R. Co. , supra-, Oil City Fuel Co. V. Boundy, 122 Pa. St. 449 ; 15 Atl. 865, and it has been held error to charge that it must materially contribute (Artz v. Chicago, etc. R. Co. , 38 Iowa, 293 ; Mattimore v. Erie, 144 Pa. St. 14; 22 Atl. 817; MonongahHa v. Fischer, 111 Pa. St. !) ; 2 All. 87). 4 Brown v, N. Y. Central R. Co. , 31 Barb. 385; affi'd, 32 N.

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