B. Could Have Known and Should Have Known
"need not and should not". Note this early precedent of the precedent "could have known and should have known", ruled in the case of Lashley v. Koerber, California, 1945. In this 1945 case, the appellant court held a physician liable because he could have known and should have known. It was summarized that a physician could be expected to exercise a "... reasonable degree of skill and learning and care ordinarily exercised by other doctors of good standing in the community ... ." Considered was the doctrine of res ipsa loquitur (the thing speaks for itself), where the plaintiff does not cause the problem, and the defendant is assumed guilty if defendant knowingly allowed or caused the harm to happen, or was negligent in preventing that harm when defendant should have and could have prevented it.
The above is an abstract of Lincolns monetary policy from Mayor McGeers Conquest of Poverty and has been certified as correct by the Legislative Reference Service of the Library of Congress at the instance of Hon. Kent Keller, Member of the House of Representatives. See 76th Congress, 1st Session, Jan 3 - Aug 5, 1939, Senate Documents #10304, Vol 3, Senate Document 23, "National Economy and the Banking System of the United States" by Robert L. Owen, presented by Mr. Logan on January 24, 1939, page 91. For those of you who like researching the original, try your local university or state library. Ask if their library is a federal repository. Senate Document 23 will probably be on microfiche. It is much easier to order it in booklet form from Peter Cook, Monetary Science Publishing, Box 86, Wickliffe, OH 44092. Ask for #761001-A, "2076 - Tricentennial U. S. A.
The entire document and documentation will be easier found at
Additional information was found in Black's Law Dictionary, 5th Edition, 1979, on pages 784 and 785, read the entries under Knowledge, especially Reason to know and Should know.
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