Proximately - Judgment Search Results

Csx Transp., Inc. Vs. Mcbride

Court: US Supreme Court

..... court s instruction and affirmed its judgment for mcbride because rogers had relaxed the proximate cause requirement in fela cases the court said an instruction that simply paraphrased ..... 1949 plaintiff was entitled to a n instruction which rendered defendant liable for injuries proximately resulting therefrom a comprehensive treatise written shortly after congress enacted fela confirmed that the .....

Global Process Systems Inc and Another (Respondents) Vs. Syarikat Taka ...

Court: UK Supreme Court

..... any fortuitous external accident or casualty so that the loss was proximately caused by the inherent vice at galveston 26 the insurers ..... matter insured as well as with any injury to machinery not proximately caused by maritime perils while not myself attempting any exact ..... from the deterioration of the soya beans during the voyage was proximately caused by the inherent vice or nature of the subject .....

Paroline Vs. United States

Court: US Supreme Court

..... liability for physical and emotional harm 29 p 493 2005 hereinafter restatement a requirement of proximate cause thus serves inter alia to preclude liability in situations where the causal link between ..... inquiry concerns the threshold requirement of causation in fact to be sure the requirement of proximate causation as distinct from mere causation in fact would prevent holding any possessor liable .....

Holmes Vs. Securities Investor Protection Corporation

Court: US Supreme Court

..... my view however before deciding whether the securities investor protection corporation sip c was proximately injured by petitioner s alleged activities we should first consider the standing question that ..... issue judicial inference of a zone of interests requirement like judicial inference of a proximate cause requirement is a background practice against which congress legislates see block v community .....

Anza Vs. Ideal Steel Supply Corp.

Court: US Supreme Court

..... injurious conduct thus implicates fundamental concerns expressed in holmes further illustrating the absence of proximate cause is the speculative nature of the proceedings that would follow if ideal were ..... through the broker dealers inability to meet their financial obligations nevertheless the absence of proximate causation is equally clear in both cases this conclusion is confirmed by considering .....

Norfolk Southern R. Co. Vs. Sorrell

Court: US Supreme Court

..... for railroad negligence and employee contributory negligence in particular norfolk contends that the proximate cause standard reflected in the missouri instruction for employee contributory negligence should apply ..... efficient producing cause of injury id at 506 the notion that proximate cause must be exclusive proximate cause undermined congress s chosen scheme of comparative negligence by .....

S.A. Petroleo Brasileiro Vs. E.N.E. Kos 1 Limited

Court: UK Supreme Court

..... commonsense view of the whole position and that by proximate is meant proximate in efficiency it was held that the faulty design ..... causes are so closely matched that both are identified as proximate causes that is a largely theoretical analysis which finds little ..... situation could and should be analysed as one of concurrent proximate causes although even he in his concluding remarks identified the .....

Rajkot Municipal Corporation Vs. Manjulben Jayantilal Nakum and ors.

Court: Supreme Court of India

Reported in: II(1997)ACC1; 1997ACJ721; JT1997(1)SC580; (1997)115PLR785; (1997)9SCC552; [1997]1SCR304

..... such a duty the legal duty to prove proximity is not physical proximity proximity is used to describe a relationship between the ..... s neighbour principle this refers to legal not physical proximity physical proximity may be relevant in deciding whether the parties ..... relationship between parties to determine whether it is sufficiently proximate that question is of an intensely pragmatic character well .....

Lexmark Int’l, Inc. Vs. Static Control Components, Inc.

Court: US Supreme Court

..... the attack on its merchandise nbsp nbsp nbsp nbsp in addition static control adequately alleged proximate causation by alleging that it designed manufactured and sold microchips that both 1 were ..... plead and ultimately prove an injury to a commercial interest in sales or business reputation proximately caused by the defendant s mis representations static control has adequately pleaded both elements .....

Hemi Group, Llc Vs. City of New York

Court: US Supreme Court

..... the state can be expected to pursue appropriate remedies the dissent would have rico s proximate cause requirement turn on foreseeability rather than on the existence of a sufficiently direct ..... foreseeable not to eliminate liability for what was foreseeable thus under the directness theory of proximate causation there is liability for both all direct or directly traceable consequences and those .....