 | Josiah William Smith - 1864 - 548 Seiten
...which Negligence the negligence of himself or his servant has P laintiff been the proximate cause. But although there may have been negligence on the part of the plaintiff, yet, unless he might by ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover.... | |
 | John Guthrie Smith - 1864 - 590 Seiten
...may be entirely absorbed in the graver misconduct of the other party. The test is, Could the pursuer, by the exercise of ordinary care, have avoided the consequences of the defender's negligence ? (a). If he could not, he is entitled to recover ; if by ordinary care he might... | |
 | Massachusetts. Supreme Judicial Court - 1867 - 682 Seiten
...§§ 556-566. More recent decisions have modified the rule, so that it is now expressed thus : Though there may have been negligence on the part of the...ordinary care, have avoided the consequences of the defendants' negligence, he is entitled to recover. Bridge v. Grand Junction Railway, 3 M. & W. 248.... | |
 | Great Britain. Court of Common Pleas, John Scott, Henry Bompas, Edmund Lumley - 1868 - 748 Seiten
...the guard prematurely slamming to the door of the carriage ; and, according to Davies v. Mann (2), although there may have been negligence on the part...ordinary care have avoided the consequences of the defendants' negligence, he is entitled to 1868 recover. Greenland v. Chaplin (1) is to the same effect,... | |
 | Great Britain. Courts - 1868 - 602 Seiten
...the damage, for, as was said by Parke, B., "in Dacres v. Mann, 10 M. & W. 6+9 : " The rule of law is, that although there may have been negligence on the part of the pit., yet, unless he might, by the exercise of ordinary care, have avoided the consequences of the... | |
 | John Ordronaux - 1869 - 338 Seiten
...3 Chamberlin v. Porter, 9 Minn. 260. The general doctrine of contributory negligence is this, viz. "That, although there may have been negligence on...might have avoided them, he is the author of his own wrong." Smith ». Smith, 2 Pick. 621; Parker ». Adams, 12 Mete. 417; White v. Wiunesimmett Co. 7 Cush.... | |
 | John Ordronaux - 1869 - 342 Seiten
...Chaniberlin v. Porter, 9 Minn. 200. The general doctrine of contributory negligence is this, viz . " Tha although there may have been negligence on the part...might have avoided them, he is the author of his own wrong." Smith v. Smith, 2 Pick. 621 ; Parker v. Adams, 12 Mete. -117 ; White v. Winnesimmett Co. 7... | |
 | Punjab (India) - 1869 - 838 Seiten
...he sues, the maxim Volenti nun fit injuria must ba carefully borne in mind. In such case the rule is that, " although there may have been negligence on...by the exercise of ordinary care have avoided the consequence of the defendant's negligence, he is entitled to recover : if by ordinary care he might... | |
 | North Carolina. Supreme Court - 1876 - 886 Seiten
...is, that when there is negligence on the part of the plaintiff, he is not entitled to recover, where he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence. Timmrm* v. Central RR Co.. 6 Ohio Lt. 105. By this rule the plaintiff cannot recover, for, with ordinary... | |
 | Robert Kemp Philp - 1869 - 360 Seiten
...would be necessary to show that the defendant was solely in fault, and that the plaintiff could not by the exercise of ordinary care have avoided the consequences of the defendant's negligence. (See Dames v. Mann, 10 M. $ W. 546. That, perhaps, may have given rise to the notion that a plaintiff... | |
| |
I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary... 
