★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| Line 6: | Line 6: | ||
<head>Simple Personal Injuries</head> | <head>Simple Personal Injuries</head> | ||
was more than adequately intentional<lb/> | <p>was more than adequately intentional<lb/></p> | ||
<!-- paragraph struck out --> | |||
<note>Heedlessness or Negligence - what</note | <p><note>Heedlessness or Negligence - what</note> Where an act that proves eventually detrimental<lb/> | ||
[to a person] <!-- parentheses added in pencil --> was unintentional with respect to the<lb/> | |||
eventual damage, <add>or | eventual damage, <add>or any part of it, such act may as to so much of the damage <!--note symbol + --></add> <note> <!-- note symbol+ -->with respect <!-- symbol --> to which it was unintentional</note> it may either have been <hi rend='underline'>heedless</hi><lb/> | ||
or not <hi rend='underline'>heedless</hi>. It is termed <hi rend='underline'>heedless</hi> where it appears that<lb/> | or not <hi rend='underline'>heedless</hi>. It is termed <hi rend='underline'>heedless</hi> where it appears that<lb/> | ||
the agent ought to have <add><sic>employ'd</sic> such and so much reflection as would have | the agent ought to have <add><sic>employ'd</sic> such and so much reflection as would have <!-- note symbol --></add> <note><!-- note symbol -->been sufficient to prevent him from</note> producing the damage that<lb/> | ||
eventually ensued; inasmuch as a person of ordinary prudence<lb/> | eventually ensued; inasmuch as a person of ordinary prudence<lb/> | ||
might with an ordinary share of caution, have<lb/> | might with an ordinary share of caution, have<lb/> | ||
foreseen the probability of | foreseen the probability of <sic>it's</sic> resulting from the act.<lb/></p> | ||
<!-- paragraph struck out --> | |||
<note><del>Example</del></note> | <p><note><del>Example</del></note> | ||
<del>Thus if it should | <del>Thus if it should appear<gap/><gap/> that you <gap/></del> <add>Thus if the damage consists in the bodily pain</add><lb/> | ||
you have occasioned a man by striking him, and it appears< | <add>you have occasioned a man by striking him, and it appears that you had no</add> | ||
particular intention of striking <add>him</add> <add><del>porter</del></add> <del>the man</del> but yet that he<lb/> | |||
was close to you insomuch that if you had but looked round<lb/> | was close to you insomuch that if you had but looked round<lb/> | ||
to observe wh<add>e</add>ther any person was in the way you must<lb/> | to observe wh<add>e</add>ther any person was in the way you must<lb/> | ||
| Line 29: | Line 29: | ||
unexpectedly and by accident: for instance by a shove from<lb/> | unexpectedly and by accident: for instance by a shove from<lb/> | ||
another person, or <add>in a street</add> upon his starting aside to avoid being<lb/> | another person, or <add>in a street</add> upon his starting aside to avoid being<lb/> | ||
<del>run over</del><add> trampled on</add> by a horse. | <del>run over</del> <add>trampled on</add> by a horse. <add>The—</add><lb/></p> | ||
< | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
C
Simple Personal Injuries
was more than adequately intentional
Heedlessness or Negligence - what Where an act that proves eventually detrimental
[to a person] was unintentional with respect to the
eventual damage, or any part of it, such act may as to so much of the damage with respect to which it was unintentional it may either have been heedless
or not heedless. It is termed heedless where it appears that
the agent ought to have employ'd such and so much reflection as would have been sufficient to prevent him from producing the damage that
eventually ensued; inasmuch as a person of ordinary prudence
might with an ordinary share of caution, have
foreseen the probability of it's resulting from the act.
Example
Thus if it should appear that you Thus if the damage consists in the bodily pain
you have occasioned a man by striking him, and it appears that you had no
particular intention of striking him porter the man but yet that he
was close to you insomuch that if you had but looked round
to observe whether any person was in the way you must
have seen him, it will appear that your striking him
was an act of heedlessness. But this will not appear to have
been the case if, at the time of your beginning to move, your
arm, he was out of your reach, and was brought within it
unexpectedly and by accident: for instance by a shove from
another person, or in a street upon his starting aside to avoid being
run over trampled on by a horse. The—
|
Identifier: | JB/073/083/002"JB/" can not be assigned to a declared number type with value 73. |
|||
|---|---|---|---|
|
not numbered |
|||
|
073 |
law in general |
||
|
083 |
simple personal injuries |
||
|
002 |
|||
|
copy/fair copy sheet |
4 |
||
|
recto |
|||
|
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
|||
|
23923 |
|||
