 Mere negligence or want of ordinary care or caution would not, however, disentitle him to recover unless it were such, that, but for that negligence or want of ordinary care and caution, the misfortune could not have happened, nor if the defendant might,...  Atlantic Reporter - Side 1831893Uten tilgangsbegrensning - Om denne boken
 | Charles Manley Smith - 1860 - 622 sider
...the misfortune would not have happened, or if the defendant might by the exercise of caution on his part have avoided the consequences of the neglect or carelessness of the plaintiff. This appears to be the result dcdiicible from the opinion of the judges in the cases of Buttrrfield... | |
 | Ireland. High Court of Chancery - 1861 - 652 sider
...that, but for " that negligence or want of ordinary care and caution, the misfor" tune could not have happened ; nor, if the defendant might, by " the exercise of care on his part, have avoided the consequences of " the neglect or carelessness of the plaintiff. This appears... | |
 | John Scott, Great Britain. Court of Common Pleas - 1865 - 534 sider
...such, that, but for that negligence or want of ordinary care and caution, the misfortune could not have happened ; nor if the defendant might by the exercise of care on his part have avoided the *consequences of ,-#Q the neglect or carelessness of the plaintiff. This... | |
 | 1872 - 438 sider
...the misfortune could not have happened, nor if the defendants might, by the exercise of care on their part, have avoided the consequences of the neglect or carelessness of the plaintiff." //'•'.''. that the instructions prayed for did not embody the correct rule of law in cases of negligence;... | |
 | Albert Venn Dicey - 1870 - 582 sider
...such that but for that negligence and want of ordinary care and caution, the misfortune could not have happened ; nor if the defendant might by the exercise of care on his part have avoided the consequences of the neglect or carelessness of the plaintiff" (i). The contributory... | |
 | Thomas William Saunders - 1871 - 338 sider
...the misfortune would not have happened; or if the defendant might by the exercise of caution on his part have avoided the consequences of the neglect or carelessness of the plaintiff." See also Flower v. Adam, 2 Taunt. 314. In Bridge v. The Grand Junction Railway Co. (3 Mee. & W. 244),... | |
 | New South Wales. Supreme Court - 1871 - 554 sider
...such that but for that negligence or want of ordinary care and caution the misfortune could not have happened, nor if the defendant might by the exercise of care on his part have avoided the consequences of the neglect or carelessness of the plaintiff. "Ordinary care... | |
 | 1899 - 710 sider
...such, that, but for that negligence or want of ordinary care and caution, the misfortune could not have happened ; nor if the defendant might, by the exercise of care on his part, have avoided the consequences of the neglect or carelessness of the plaintiff." The rule... | |
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