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" If the right of recovery in this class of cases should be once established, it would naturally result in a flood of litigation in cases where the injury complained of may be easily feigned without detection, and where the damages must rest upon mere conjecture... "
Commentaries on the Law of Torts: A Philosophic Discussion of the General ... - Seite 546
von Edgar Benton Kinkead - 1903
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Band 78

Ohio. Supreme Court - 1908 - 598 Seiten
...where the injury complained of may be easily feigned without detection, and where the damages must rest upon mere conjecture or speculation. The difficulty...doctrine would be contrary to principles of public policy." In Atchison, Topeka & Santa Fe Ry. Co. v. McGinnis, 46 Kans., 109, the court say: "The jury...
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The Central Law Journal, Bände 44-45

1897 - 1116 Seiten
...this class of cases should be once established, it would naturally result in a flood of litigation in whether they were caused by the negligent act of the...doctrine would be contrary to principles of public policy." The New York Law Journal in a review of this case makes the following pertinent criticism...
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Atlantic Reporter, Band 66

1907 - 1166 Seiten
...where the Injury complained of may be easily feigned without detection, and where the damages must rest upon mere conjecture or speculation. The difficulty...doctrine would be contrary to principles of public policy." And the defendant cites in support of the same doctrine the cases of Ewing v. PC & St Lonis...
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The American State Reports: Containing the Cases of General Value ..., Band 56

Abraham Clark Freeman - 1897 - 1008 Seiten
...where the injury complained of may be easily feigned without detection, and where the damages must rest upon mere conjecture or speculation. The difficulty...doctrine would be contrary to principles of public policy. Moreover, it cannot be properly said that the plaintiffs miscarriage was the proximate result...
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A Treatise on the Law of Carriers of Passengers, Band 2

Norman Fetter - 1897 - 874 Seiten
...where the injury complained of may be easily feigned without detection, and where the damages must rest upon mere conjecture or speculation. The difficulty...determining whether they exist, and, if so, whether they are caused by the negligent act of the defendant, would not only be greatly increased, but a wide field...
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The American and English Railroad Cases: A Collection of All Cases ...

1898 - 824 Seiten
...complained of may be easily feigned without detection, and where the damages must rest upon mere con jecture or speculation. The difficulty which often exists...doctrine would be contrary to principles of public policy. Moreover, it cannot be properly said that the plaintiff's miscarriage was the proximate result...
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Physician and Surgeon: A Professional Medical Journal, Band 20

1898 - 616 Seiten
...the injury complained of may be easily feigned without detection and where the damages must result upon, mere conjecture or speculation. The difficulty...determining whether they exist, and, if so, whether they are caused by the negligent act of the defendant would not only be greatly increased, but a wide field...
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The Physician and Surgeon, Band 20

1898 - 598 Seiten
...wherein the injury complained of maybe easily feigned without detection and where the damages must result upon mere conjecture or speculation. The difficulty...determining whether they exist, and, if so, whether they are caused by the negligent act of the defendant would not only be greatly increased, but a wide field...
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The Northwestern Reporter, Band 81

1900 - 1204 Seiten
...which often exists in the cases of alleged physical Injury, in determining whether they exist, • * * .would not only be greatly Increased, but a wide field would be opened for fictitious and speculative claims. To establish such a doctrine would be contrary to principles of public policy....
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A Treatise on the Law of Damages for Personal Injuries: Embrasing a ...

Archibald Robinson Watson - 1901 - 1040 Seiten
...where the injury complained of may be easily feigned without detection, and where the damages must rest upon mere conjecture or speculation. The difficulty which often exists in cases of alleged physical injuries in determining whether they exist, and if so, whether they were caused by the negligent act...
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