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1 Second National Bank of Erie v. The Ocean National Bank. Brief of Cases and Propositions on the Subject of the Defendant's Negligence 1869

handle is hein.trials/acnq0001 and id is 1 raw text is: In the Czrcuit

Court of the United

Sates, for the Southern District
of New York.
THE SECOND NATIONAL BANK OF ERIE1
V.
THE OCEAN NATIONAL BANK.
BRIEF OF CASES AND PROPOSITIONS ON THE SUBJECT OF
DEFENDANT'S NEGLIGENCE.
The question of negligence (viz. absence of ordinary care)
is for the jury when there is any doubt as to the facts or as to
the inferences to be drawn from them. Lackawanna and
Bloomsburg R. R. v. Doak, 2 P. F. Smith 381 (and cases
cited in the opinion); O'Donnell v. Allegheny R. R., 9 P.
F. Smith, 259.
Did the Ocean Bank (who were the agents of the Plaintiffs,
so far as regards the making of the loans and the care of the
collaterals) use proper diligence in the custody of the secu-
rities in question?

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