Cases On Legal Liability

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R. A. 509).
The irreconcilable conflict in the authorities is recognized by text- writers, and while the weight of general authority has in many cases been said to support the rule announced in the Massachusetts and Pennsylvania cases (1 Thompson, Negligence, section 74; Schouler, Bailments [Ed. 1905J, section 348; Hale, Bailments and Carriers, 361 ; 6 Cyc. 382; notes 36 Am. St. Rep. 838), other authors prefer the New York rule (Hutchinson, Carriers [2d Ed. ], section 200; Ray. Negligence of Im
...posed Duties, 177). In the absence of any express declaration of this court on the very point, and in view of the fact that in recent cases the conflict of authority is still recognized (see 5 Cur. Law, 517) it seems necessary that the reasons on which the two lines of cases are supported shall be considered in order that we may now reach a conclusion which shall be satisfactory to us.
Mere negligence will not render one person liable to another for a SECT. III. ] GREEX-WHEELER SHOE CO. V. CHICAGO, ETC.


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