 The frequency of accidents at a particular place would seem to be good evidence of its dangerous character, — at least, it is some evidence to that effect. Persons are not wont to seek such places, and do not willingly fall into them. Here the character...  Handbook of the Law of Evidence - Page 174by John Jay McKelvey - 1907 - 540 pagesFull view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1883 - 1004 pages
...evidence, tended to show the dangerous character of the sidewalk in itsg) -•unguarded condition. The frequency of accidents at a particular* place...to which attention was called by the nature of the action and the pleadings, and the defendant should have been prepared to show its real character in... | |
 | United States. Supreme Court - Law reports, digests, etc - 1883 - 890 pages
...other evidence, tended to show the dangerous character of the sidewalk in its unguarded condition. The frequency of accidents at a particular place .would...to which attention was called by the nature of the action and the pleadings, and the defendant should have been prepared to show its real character in... | |
 | Law reports, digests, etc - 1915 - 1200 pages
...17. S. 519, 2 Sup. Ct. 840, 27 L. Ed. 618, cited and quoted with approval in Smith v. Seattle, supra: "Persons are not wont to seek such places, and do...to which attention was called by the nature of the action and pleadings, and the defendant should have been prepared to show its real character in the... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1884 - 1000 pages
...with other evidence, tended to show the dangerous character of the sidewalk in its unguimled condition The frequency of accidents at a particular place would seem to be pood evidence of its dangerous character — at least it is some evidence to that effect. Persons are... | |
 | Law - 1900 - 434 pages
...other evidence, tended to show the dangerous character of the sidewalk in its unguarded condition. The frequency of accidents at a particular place would...to which attention was called by the nature of the action and the pleadings, and the defendant should have been prepared to show its real character in... | |
 | John Henry Gillett - Evidence (Law) - 1897 - 458 pages
...in a subsequent portion of this chapter. As was said by the Supreme Court of the United States :* " Persons are not wont to seek such places, and do not willingly fall into them." The New York Court of Appeals has said ' that proof of the happening of a prior accident "is competent... | |
 | James Bradley Thayer - Evidence (Law) - 1900 - 1296 pages
...other evidence, tended to show the dangerous character of the sidewalk in its unguarded condiItion. The frequency of accidents at a particular place would...to which attention was called by the nature of the action and the pleadings, and the defendant should have been prepared to show its real character in... | |
 | 1904 - 512 pages
...that other persons escaped injury, is not so convincing as evidence that others were injured, since persons are not wont to seek such places and do not willingly fall into them. Columbia v. Armes, supra. LEASE—COVENANTS AND WARRANTIES—QUIET ENJOYMENT—EMINENT DOMAIN.—PABST... | |
 | Railroad law - 1905 - 954 pages
...other evidence, tended to show the dangerous condition of the sidewalk in its unguarded condition. The frequency of accidents at a particular place would...character; at least, it is some evidence to that effect. * * * Here Powell v. Nevada, C. & O. Ry the character of the place was one of the subjects of inquiry... | |
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