| Joseph Kinnicut Angell, Thomas Durfee - 1857 - 484 Seiten
...entirely approved by Parke, B., in Bridge v. Grand Junction Railway Company,1 who added, however, " that although there may have been negligence on the...might have avoided them, he is the author of his own wrong." And in a subsequent case, where an ass was fettered and turned upon a highway to graze and... | |
| Theodore Sedgwick - 1858 - 778 Seiten
...been negligence in both parties, and yet the plaintiff [470] may be entitled to recover. The rule is, that although there may have been negligence on the...might have avoided them, he is the author of his own wrong, (jy) This doctrine has been approved by the Supreme Court of Connecticut, in a case (j) where... | |
| John Scott, Great Britain. Court of Common Pleas - 1858 - 568 Seiten
...indirectly ; that, even assuming negligepce on the defendant's part, the plaintiff could not recover if he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence : and that he should have further told the jury, that, if the plaintiff failed to comply with the statutory... | |
| Alexander Ralston Tiffany - 1859 - 656 Seiten
...down with perfect correctness in the case of Butterfald vs. Forrester, 11 East., 60, and that rule is, that, although there may have been negligence on the...might have avoided them, he is the author of his own wrong. — 3 M. & IF., 244. Ordinary care means, " that degree of care which may reasonably be expected... | |
| Francis Hilliard - 1859 - 594 Seiten
...fault or in pari delicto, is subject to many qualifications and exceptions, (see § 3). It is said, " Although there may have been negligence on the part...might have avoided them, he is the author of his own wrong." 3 So it is held, that the rule of ordinary care to avoid injury does not require a party to... | |
| Charles Manley Smith - 1860 - 622 Seiten
...was held bad as v. Finney, 17 Harbour's Ilep. 95. amounting to the general issue. (m) Ubi tupra. K2 the part of the plaintiff, yet, unless he might by...ordinary care have avoided the consequences of the defendants' negligence, he is entitled to recover : if by ordinary care he might have avoided them... | |
| William Selwyn - 1861 - 874 Seiten
...carriage is on the wrong side of the road, a party is excused who drives against it ?—The rule is, that although there may have been negligence on the...might have avoided them, he is the author of his own wrong" (£). In Illidgev. Goodwin, 5 C.& P. 190, it was held, that if a horse and cart are left standing... | |
| William Selwyn - 1861 - 840 Seiten
...be rebutted by showing that the accident was occasioned by the wilful act of a stranger (p). "Though there may have been negligence on the part of the...he is entitled to recover: if by ordinary care he could have avoided them, he is the author of his own wrong" (q}. But in order to sustain an action... | |
| Josiah William Smith - 1862 - 466 Seiten
...have been negligence on the part CAP. II. of the plaintiff, yet, unless he might by ordi- SEc" Inary care have avoided the consequences of the defendant's negligence, he is entitled to recover. (Add. Torts, 95 ; Broom Com. 103, 667.) The remedy for a public or common nui- injury from , . ,. ,... | |
| Chambers's journal - 1862 - 432 Seiten
...damages, the rule of law being, that although there may have been negligence on your part, yet, unless you might, by the exercise of ordinary care, have avoided the consequences of the company's negligence, you are entitled to recover. If by ordinary care you might have avoided them,... | |
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