Evidence. Res Gestae. Statement of Injured Person. Greener v. Gen. Electric Co., 102 N. E. (N. Y.), 527

1914 ◽  
Vol 23 (3) ◽  
pp. 282
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2020 ◽  
Vol 15 (1) ◽  
pp. 209-220
Author(s):  
Martin Szénay ◽  
Martin Lopušniak

Abstract Lifts are indispensable for the evacuation of mobility-impaired people from buildings in case of emergency. It is necessary to quantify the movement parameters of these people and describe the entire process using a suitable algorithm. The aim of the research was to quantify the times and speeds of movement for a person using a wheelchair and for an injured person. An experiment in situ was used. During the experiment, arrivals at the lift, cabin entries, and exits were monitored. The results include the times and speeds of a mobility-impaired person's movement. The experiments showed that a person using a wheelchair was slower than an injured person. The results can be used to expand computational models to account for the possibility of using lifts for evacuation.


2017 ◽  
Vol 15 (4) ◽  
pp. 111-118
Author(s):  
Zbigniew Kwiatkowski

The gloss presents the question of notification of the injured person of the date of hearing in the understanding of Art.387 § 2 of the Code of Criminal Procedure. The author expresses the opinion that the injured party should be notified by the Court of the date of the hearing and instructed on the possibility of submitting an application to the Court, which is mentioned in § 1 Art. 387 of the Code of Criminal Procedure, along with being sent the notification of the date of the main hearing. The requirement of proper notification of the injured person of the date of the hearing will be realized on condition that this procedural action is executed in compliance with the regulations contained in Chapter 15 of the Code of Criminal Procedure, which deals with “Deliveries).


Author(s):  
Nigel Spencer Ley ◽  
Jane Sturgess

Medicine is not a perfect science and doctors are not infallible. Throughout any medical career there will be cases of poor outcomes. Sometimes treatment may not work, sometimes the patient will be made worse, and sometimes a patient may die. The cause of a poor outcome may simply be the nature of the condition from which the patient is suffering. However, in some cases the cause may be mistakes by the treating clinicians. The purpose of this chapter is to consider the legal consequences of such mistakes. In English law where someone suffers an injury (physical or psychiatric) as a result of another person’s negligence, the injured person can bring a claim for compensation both for the injury itself and for any consequential financial loss. To prove negligence, a claimant needs to demonstrate there was a duty of care, that duty was breached, and they were injured as a consequence.


Author(s):  
Maria Floriana Cursi

AbstractForms of strict liability in the law of delicts: The heavy legacy of Roman law. In Roman law there are two forms of delictual strict liability - i.e. liability for damages, regardless of the participation of the liable person to the harmful act. According to the first model, the pater familias / dominus is liable, because he is the only one in the family who can pay compensation. The second model is instead based on a reference to culpa in eligendo or in vigilando, and the strict liability is justified by the need to ensure an absolute protection of the injured person. The civilian tradition has built its theory of strict liability on this second model, speaking of culpa in vigilando or in eligendo even when - after the distinction between iniuria and culpa was introduced by Chr. Thomasius - strict liability was conceived as liability without fault. This has led to a gap, in the European civil codes, between the dogmatic construction of vicarious liability as subjective, because based on culpa, and its actual nature of objective liability, regardless of fault.


Author(s):  
Paulo Pérez ◽  
Philippe Roose ◽  
Dalmau Marc ◽  
Nadine Couture ◽  
Yudith Coromoto ◽  
...  
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Dialogue ◽  
1969 ◽  
Vol 8 (3) ◽  
pp. 433-444 ◽  
Author(s):  
R. N. McLaughlin

Writers on jurisprudence often stress that conflict between positive laws and morality does not invalidate the positive laws. A law which requires me to compensate another for an injury caused by a dangerous object kept on my property is not invalidated by the fact that I have not been negligent and have no moral obligation to compensate the injured person. And although I have a moral obligation to keep my promises, positive laws may validly imply that I need not keep promises not made for a consideration or under seal. Thus positive law may permit acts not permitted by morals and may forbid acts permitted by morals. The lesson drawn from these thoughts is that to establish a positive law as valid we need not consider the relationships it bears to the rules of morals. A valid law is simply a law created in accordance with the constitutional conventions or ‘rules of recognition’ of the society in which it is to be applied. It is the manner of its establishment, not its relationship to morals, which makes a law valid.


1920 ◽  
Vol 66 (274) ◽  
pp. 305-306
Author(s):  
Sydney J. Cole

This prolific writer here surveys the diverse opinions of authors respecting the significance of injury in the ætiology of general paralysis, since the first description of the disease by Bayle in 1822, and gives eighty-four references. He considers that injury can act neither as a determining nor as a predisposing cause, and that it is very doubtful whether it can act even as an occasioning cause. Injury can, of course, accelerate or aggravate a pre-existing general paralysis, but it is not certain that it can give rise to the disease, even in a syphilitic subject. On this point, scientifically, an attitude of the greatest reserve is necessary, but for medico-legal purposes it is often right that an injured person should have the benefit of the doubt. The writer sets forth the differential diagnosis between traumatic dementia (strictly so-called) and post-traumatic general paralysis. His account of the medico-legal aspects of the question is mainly of French interest.


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