 | 1904 - 822 Seiten
...have been shown that the Injury was done with the consent of the injured person, or that he could, by the exercise of ordinary care, have avoided the consequences of the negligence of the company. — Central of Georgia Ry. Co. v. Tribble, 38 SE 356, 112 Ga. 863. [g. h]... | |
 | Ratanlal Ranchhoddas, Dhirajlal Keshavlal Thakore - 1905 - 622 Seiten
...or caution would not, however, disentitle the plaintiff to recover, unless it is shown — (1) That he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence. If by ordinary care he might have avoided them, he is the author of his own wrong2. Or (2) That the... | |
 | Ohio. Courts - 1906 - 732 Seiten
...also establish the correlative rule as follows, page 638 : "The law in eases of mutual negligence is, that although there may have been negligence on the...defendant's negligence, he is entitled to recover (Timmons v. Railway, 6 Ohio St., 105). It is no case of mutual contribution to. an injury, where the... | |
 | John Frederic Clerk, William Harry Barber Lindsell - 1906 - 990 Seiten
...will not excuse him " (c) ; which qualification has also been stated in a somewhat different form, that " although there may have been negligence on the part of the plaintiff, yet unless hr might by the exercise of ordinary care have avoided the consequences of the defendant's negligence,... | |
 | Ohio. Superior Court (Cincinnati), Lewis Montgomery Hosea - 1907 - 568 Seiten
...also establish the correlative rule as follows, page 638 : "The law in cases of mutual negligence is, that, although there may have been negligence on the...defendant's negligence, he is entitled to recover (Timmons v. Railway, 6 Ohio St., 105). It is no case of mutual contribution to an injury, where the... | |
 | Thomas Johnson Michie - 1907 - 888 Seiten
...498, 5 SE 573. Failure of Master to Avoid Consequences of Servant's Negligence. — Where the master might, by the exercise of ordinary care, have avoided the consequences of the plaintiff's negligence, the servant may recover, as in such case his negligence is not the proximate... | |
 | John Frederic Clerk, William Harry Barber Lindsell, Alfred Taylour Hunter - 1908 - 1216 Seiten
...will not excuse him " (c) ; which qualification has also been stated in a somewhat different form, that " although there may have been negligence on the part of the plaintiff, yet unless /«• might by the exercise of ordinary care have avoided the consequences of the defendant's negligence,... | |
 | Thomas Beven - 1908 - 960 Seiten
...down with perfect correctness in 1809, in the сазе of Butfvrßcld v. Forrester ; and the rule is, that although there may have been negligence on the part of the plaintiff, yet, unices he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence,... | |
 | Albert H. Putney - 1908 - 376 Seiten
...negligence was equal to or greater than the negligence of the defendant, or unless the plaintiff could, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence. In Columbus vs. Anglin,40 which was an action against a municipal corporation for injuries caused by... | |
 | United States. Bureau of Labor - 1908 - 1584 Seiten
...recover unless his negligence was equal to or greater than that of the defendant, or unless he could, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence. 47 8. K. Rep. 923. An employee can not recover where the danger Is equally obvious to him and his employer.... | |
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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... 
