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veterans pope taxi ser | 97 n.j. super. 274 (1967) </ i>. uper2741346
At the end of the applicant's proceedings, the Tribunal, which upheld the defendant's application for leave, gave a negative answer to the statement of defence. As a joint passenger transporter, the respondent owe the applicant a high level of diligence. "Passenger transporters who take in persons in their custody must guard them with great prudence, which has been described as "the greatest prudence typical of very circumspect men" or "the greatest possible diligence commensurate with the type of undertaking".
Coordinated Civil Service, 20 N.J. 309, 316 (1956). "Even in the event of a contingency, this obligation shall not be watered down. "It' re the public service coordination office. It was the jury's right to conclude from the abrupt and brutal attitude that the respondent had not taken the necessary caution.
The accused was asked to comment and explain why it was necessary to apply the brakes, and the panel of judges was asked to provide all the proof "to establish how the rider was implicated in this incident and whether the correct standards of medical treatment were applied to prevent the incident".
In our view, the teaching of resp ipsa loquitur is appropriate; the plaintiff's evidence was ample to substantiate a valid conclusion that the abrupt stop and the resulting violations of the claimant were due to the defendant's lack of due diligence. Defendants claim, and the tribunal decided, that a stop of a car usually does not pretend carelessness.
There is no need to clarify under what conditions this might be the case if the defendant's obligation is to take only due diligence. It is our belief that a spontaneous stop of the car by force, when the obligation of a respondent transport operator, as here, is to take a high level of diligence, is usually a breach of this obligation.
63 (Sup. Ct. 1953); Delaware Coach Co. v. Reynolds, 6 Terry 226, 45 Del. 226, 71 A.2d 69 (Sup. Ct. 1950); Payne v. Stott, 181 S.W.2d 161 (Mo. Ct. Ap. 1944); see Massotto v. Public Service Coord. 52; see in general Note, "Engine mount - stop or restart suddenly", 57 A. L. R. 2d 5, 30, 79 (1958); Note, Auto - Stop - Res ipsa loquitur, 79 A. L. R. 2d 153, 170 (1961). In general, injury caused in comprehensive situation settings is the result of a defendant's neglect.
Moreover, the usefulness of teaching is not only based on likelihood; its use preserves the practical role of "imposing a burden of proof" on the person who has better intelligence or the ability to explain the causal conditions. All the reason for the stop was the taxi driver's familiarity.
It is essential for a customer in a joint venture to gain trust in the carmaker.