Judgment Search Results Home > Cases Phrase: inevitable accident Court: privy council Page 1 of about 100 results (0.001 seconds)

R. Gopalakrishna Pillai Vs. M. Kunjithapatham Pillai and ors.

Court : Chennai

Reported in : (1923)45MLJ849

..... time...and once the court is satisfied, as was the fact in this case, that the man did try to get there and that he would have got there in time but for the intervention of an inevitable accident for which he was in no way responsible, it is the duty of the court, in my judgment, to set aside the judgment, mulcting, in proper cases, the delinquent man in costs. ..... , the next day, the delay would have been justified but he thinks that because it was not paid on the 18th owing to the accident which happened to the jutka which caused the person making the payment to be five minutes late in the bank, there was no ground for excusing the payment the very ..... no argument to say that where a man leaves in time and would in the ordinary course have reached the bank in time, he would in spite of the accident have reached before the bank was closed if he had started earlier, or if the jutka horse had run faster. ..... i have already given my reasons for holding that the accident was one which the person could not have foreseen and that there was no negligence on the part of the person making ..... there can be little doubt that if there was no accident to the horse, there would not have been a delay of five minutes on the 18th and that the money would have been received by ..... not reasonable to hold that a person is guilty of negligence when he would in the ordinary course of things, have arrived in time for payment and the delay of five minutes was due to an accident which he could by no means have foreseen. .....

Gopalakrishna Pillai and ors. Vs. Kunjithapatham Pillai and ors.

Court : Chennai

Reported in : AIR1924Mad324; 79Ind.Cas.651

..... and once the court is satisfied, as was the fact in this case, that the man did try to get there and that he would have got there in time but for the intervention of an inevitable accident for which he was, in no way, responsible, it is the duty of the court, in my judgment, to set aside the judgment, mulcting in proper cases, the delinquent man in costs. ..... , the next day, the delay would have been justified but he thinks that because it was not paid on the 18th owing to the accident which happened to the jutka which caused the person making the payment to be five minutes late in the bank, there was no ground for excusing the payment ..... argument to say that where a man leaves in time and would, in the ordinary course, have reached the bank in time, he would, in spite of the accident, have reached before the bank was closed if he had started earlier, or if the jutka horse had run faster. ..... i have already given my reasons for holding that the accident was one which the person could not have foreseen and that there was no negligence on the part of the ..... there can be little doubt that if there was no accident to the horse, there would not have been a delay of five minutes on the 18th and that the money would have been ..... subordinate judge is correct, it is not reasonable to hold that a person is guilty of negligence when he would, in the ordinary, course of things, have arrived in time for payment and the delay of 5 minutes was due to an accident which he could, by no means, have foreseen. .....

R. A. Arunachela Ayyar Vs. C. Subbaramiah

Court : Mumbai

Reported in : (1923)ILR46Bom60

..... there in time, 'and once the court is satisfied, as was the fact in this case, that the man did try to get there and that he would have got there in time but for the intervention of an inevitable accident for which he was in no way responsible, it is the duty of the court, in my judgment, to set aside the judgment, mulcting, in proper cases, the delinquent man in costs. .....

Shrimant Khanderao Shivajirao Gaekwar Vs. D.D. Romer

Court : Mumbai

Reported in : AIR1941Bom48; (1940)42BOMLR1024

..... require; and in the meantime, the seller, or the buyer of the lot of greatest value, as the case may be, shall keep the said documents safe, uncancelled and undefaced, unless prevented from so doing by fire or other inevitable-accident.the plain meaning of this sub-section seems to be that all documents of title which in any manner relate to the property sold must be delivered to the purchaser by the vendor. .....

R.A. Arunachala Aiyar Vs. C. Subbaramiah

Court : Chennai

Reported in : AIR1923Mad63; (1922)43MLJ632

..... there in time and once the court is satisfied as was the fact in this case that the man did try to get there and that he would have got there in time but for the intervention of an inevitable accident for which he was in no way responsible, it is the duty of the court, in my judgment, to set aside the judgment, mulcting, in proper cases, the delinquent man in costs. .....

CaptaIn W.F. Wake-walker, O.B.E., R.N. Vs. Steamer ColIn W. Ltd. and O ...

Court : Privy Council

..... the law as to inevitable accident is concisely summed up in the judgment of dr. ..... to constitute an inevitable accident it was necessary that the occurrence should have taken place in such a manner as not to have been capable of being prevented by ordinary skill and ordinary deligence. ..... proposed to himself and which the supreme court of canada also proposed to themselves : "has the defendant established that this was an inevitable accident? ..... " the learned judge says "the defendant has not satisfied the court that this was an inevitable accident. ..... justice demers gave his judgment on 21st june 1935, and correctly proposed the question for determination, namely: "did the defendant establish that this was an inevitable accident? ..... in other words there was no fault on the part of the defendant, and the collision was due to an inevitable accident. ..... in other words, their lordships agree with the courts below that the appellant has not discharged the onus which in law was placed upon him to show that the accident was an inevitable one. ..... on the 18th august, an enquiry was held into the accident before a wreck commissioner, assisted by two nautical assessors. ..... 9, was produced on behalf of the defendant, upon which had been plotted the course which he said was the one taken by the 'dragon' from the time she passed the bridge to the moment of the accident. .....

Winnipeg Electric Co. Vs. Jacob Geel

Court : Privy Council

..... the case of the annot lyle (7), it was laid down by lord herschell that in such a case the cause of the collision might be an inevitable accident, but unless the defendants proved this, they are liable in damages. ..... is it necessary further to emphasize that in some running down cases under the statute the defendant may discharge the burden, at already explained, by other evidence than that of inevitable accident. ..... burden rests on the defendants to show inevitable accident. ..... motor vehicle, and that the same had not been operated at a rate of speed greater than was reasonable and proper, having regard to the traffic and use of the highway or place where the accident happened or so as to endanger or be likely to endanger the life or limb of any person or the safety of any property shall be upon the owner or driver of the motor vehicle. ..... , in addition to formal denials, pleaded by way of defence to the whole cause of action, "that the accident in question was inevitable. ..... " this plea depended on the allegation that the accident was due to a latent defect in the braking mechanism, that is, to something which could not have been avoided by the exercise of ordinary care and caution and skill, to paraphrase the definition given in the marpesia ..... the evidence was that up to the moment of the accident the brakes had worked efficiently, but the appellant's witnesses who spoke of the inspections may well have produced in the jury's mind the impression that they had no specific recollection and .....

Pauline D'souza Vs. Cassamalli Jairajbhoy

Court : Mumbai

Reported in : AIR1933Bom465; (1933)35BOMLR1007; 147Ind.Cas.354

..... the defendant denies negligence, and says that the fall was due to an inevitable accident, and that he is not liable to pay any damages to the plaintiffs or ..... . it was really unfortunate that the accident led not merely to loss of property but to the loss of human life; but it was an inevitable accident which could not have been prevented by the exercise of reasonable care ..... 411 referred to before, in which the brick fell from a railway bridge built only about three years before the date of the accident, the plea of res ipsa loquitur put forward by the plaintiff was not met by any evidence on the side of the defendants at all, and one of the judges who disagreed with the majority went ..... the rule as follows:-where damage is done by the falling of objects into a highway from a building, the modern rule is that the accident, in the absence of explanation, is of itself evidence of negligence, in other words, the burden of proof is on the occupier of the ..... the first plaintiff was, therefore, not, strictly speaking, the owner at the date of the accident, and though she paid off the remaining instalments by october 18, 1926, the car had been sold off and did not belong to her at the ..... therefore, there was some evidence to go to the jury, however slight it may have been, of this accident having arisen from the negligence of the defendants; and it was incumbent on the defendants to give evidence rebutting the inference arising from the undisputed facts;...this case was confirmed in appeal ( .....

R. S. N. Co. Ltd. and I. G. N. and Ry. Co. Ltd. Vs. Ram Kanai Madhab C ...

Court : Kolkata

Reported in : AIR1936Cal152

..... the evidence in the case establishes that there was negligence on the part of the serang, that the collision was not an inevitable accident, inasmuch as he could have but had not seen the boat with which the steamer collided when it was at a distance of 300 feet from the prow of the steamer; that a competent ..... the defendant has to prove that the collision was due to inevitable accident not arising from negligent navigation: see the annot lyle (1886) ..... but the proposition is well established that the plaintiff may have been guilty of negligence, and although that negligence, may, in part, have contributed to the accident, yet if the defendants could by exercise of ordinary care and diligence have avoided the mischief which happened, the plaintiffs' negligence will not excuse him: see radly v. l ..... dunn, the marine assistant of the defendants at the time of the accident, and who was on board the steamer at the time, deposed to these facts: there was no fog ..... correct for anybody to say that at that time of accident there was fog. ..... whether the accident was due to narain majhi keeping his boat in the deep navigable channel and not exhibiting any light ..... whether the accident was due to any negligence or rashness on the part of the master and senior serang of section section brahmin ..... about the proposition that the plaintiff in an action for negligence cannot succeed if it is found that he himself has been guilty of negligence or want of ordinary care which contributed to cause an accident. .....

India General Navigation and Railway Co. Ltd. Vs. the Eastern Assam Co ...

Court : Kolkata

Reported in : AIR1921Cal315,61Ind.Cas.14

..... 148 : 'inevitable accident is that which a party charged with an offence could not possibly prevent by the exercise of ordinary care, caution and maritime skill. ..... this is not a case of inevitable accident, for, as dr. ..... it is not enough to show that the accident could not be prevented by the party at the very moment it occurred, but the question is, what previous measures have been adopted to render the occurrence of it less probable'. ..... to observe that a negligent act may be the effective cause of an injury, though it may rot be proximate in time, if it is the particular incident in a chain of events, which has in fact led to the injury, that, is, if it is the real cause of a subsequent accident. .....