 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1919 - 800 sider
...the fact that said plaintiff's intestate was in such highway, lawfully crossing said intersection and in the exercise of due care and caution for his own safety, with great force and violence ran said motor vehicle against the body of plaintiff's intestate," etc.... | |
 | Illinois. Supreme Court - 1907 - 712 sider
...of this position, which we have above disposed of, it is insisted that the proof shows appellee was not in the exercise of due care and caution for his own safety but that his injury resulted from his own negligence. While counsel on both sides have copied extensively... | |
 | 1904 - 910 sider
...previous knowledge that the stairs were in a dangerous condition, would not be conclusive evidence that the plaintiff was not in the exercise of due care;' and \Vliittakcr v. West Boylston. Я7 Mass. 273, and Kced v. Northfield, 13 Pick. 94, 23 Am. Dec. Cf>2,... | |
 | 1904 - 1132 sider
...track at this point. This brings us to the principal ground relied upon in support of the motion — that the plaintiff was not in the exercise of due care, and that such want of due care on his part contributed directly to cause the injury complained of. The... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1889 - 710 sider
...latter issue first. The appellee charges in his declaration that lie was, at the time of the injury, in the exercise of due care and caution for his own safety. In order to entitle him to recover, the burden of proof is on him to show that he was in the exercise... | |
 | John Lewis - 1892 - 846 sider
...defendant demurred to the evidence and asked that a verdict be directed in its favor, on the ground that the plaintiff was not in the exercise of due care and caution when the accident occurred, and, therefore, guilty of contributory negligence. This motion was denied,... | |
 | 1895 - 1044 sider
...and to see that the same are in proper repair; and if a brakeman in the employ of a company, while in the exercise of due care and caution for his own safety, should receive an injury on account of the negligence or carelessness of such car inspector in not... | |
 | 1895 - 1036 sider
...and to see that the same are in proper repair; and if a brakeman in the employ of a company, while in the exercise of due care and caution for his own safety, should receive an injury on account of the negligence or carelessness of such car inspector in not... | |
 | 1896 - 746 sider
...the defendant, as charged, and that the plaintiff was Cicero lib Proviso St. K. Co. •». Meixner in the exercise of due care and caution for his own safety. It is not the province of this court to say whether these facts are proven. The evidence before the trial... | |
 | 1896 - 916 sider
...plaintiff before he could recover, were negligence of the defendant as charged, and that the plaintiff was in the exercise of due care and caution for his own safety. It is not the province of thi* court to say whether these facts are proved. The evidence before the trial... | |
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... was in the exercise of due care and caution for his own safety. 
