 But there is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet...  Albany Law Journal - Side 531888Uten tilgangsbegrensning - Om denne boken
 | 1899 - 710 sider
...is another proposition equally well established, and it is a qualification upon the first, namely, that though the plaintiff may have been guilty of...the plaintiff's negligence will not excuse him. This proposition, as one of law, cannot be questioned. It was decided in the case oiDavies v. Mann (10 M.... | |
 | Charles Clark, Great Britain. Parliament. House of Lords - 1876 - 842 sider
...that negligence .may, in fact, have contributed to the accident which is the subject of the action, yet, if the Defendant could, in the result, by the...happened, the Plaintiff's negligence will not excuse him. A railway company was in the habit of taking full tracks from the siding of a colliery owner, and returning... | |
 | 1877 - 692 sider
...negligence of the plaintiffs, have made the accident impossible. It is well established that, although the plaintiff may have been guilty of negligence,...happened, the plaintiff's negligence will not excuse him. Chamber reversed, and new trial ordered. Opinion by Lord Pe.nzn.nce ; the Lord Chancellor and Lords... | |
 | John Campbell Allen - 1878 - 714 sider
...in cases of this kind, was that though the plaintiff may have been guilty <?{ negligence, and though that negligence may, in fact have contributed to the...diligence, have avoided the mischief which happened, the plaintifl-'s negligence would not excuse him. — REPORTER. ANSLEY against THE ALBERT MINING COMPANY.... | |
 | Virginia. Supreme Court of Appeals - 1880 - 964 sider
...been guilty of any negligence or want of ordinary care which contributed to cause the accident. 2. But though the plaintiff may have been guilty of negligence,...diligence, have avoided the mischief which happened, the plaintift's negligence will not excuse him. 3. On a demurrer to evidence, the demurrant must be considered... | |
 | 1880 - 920 sider
...2 See subdivision V., supra. 3 This we shall endeavor to show hereafter. VOL. V. NO. 6 56 tributed to the accident, yet if the defendant could in the...the plaintiff's negligence will not excuse him. This proposition, as one. of law, cannot be questioned. It was decided in the case of Davies v. Mann,1 supported... | |
 | Charles Edward Pollock - 1880 - 1036 sider
...although that negligence may in fact have contributed to the accident which is the subject of the action, yet if the defendant could in the result, by the exercise...happened, the plaintiff's negligence will not excuse him (x). The plaintiff must prove negligence upon the part of Master and the defendant, or if the act be... | |
 | Isaac Grant Thompson - 1880 - 886 sider
...accident, yet if the defendant, o-mld, in the result, by the exercise of ordinary care and diligence, havi: avoided the mischief which happened, the plaintiff's negligence will not excuse him." And his lordship adds: " This proposition, f»s one of law, cannot be questioned. It was decided in... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1881 - 730 sider
...ordinary care which contributed to the accident. And a well-established qualification of the rule is, that though the plaintiff may have been guilty of...happened, the plaintiff's negligence will not excuse him. Eadley v. Railway Co., LB, l App. С., 754, 1876. Here, perhaps, the ride is not qualified to so great... | |
 | Robert Vashon Rogers - 1881 - 348 sider
...negligence was in the whole or in part the proximate cause ; 2 unless, indeed, the defendant could, by the exercise of ordinary care and diligence, have avoided the mischief which happened." 3 1 Railway Act, 1879, sec' 2S (Canada). Redfield on Railways, vol. ii. p. 252. 2 Robinson v. Cone,... | |
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