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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... "
Reports of Cases in the Supreme Court of Nebraska - Side 485
av Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1878
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The Encyclopaedia Britannica: A Dictionary of Arts, Sciences, and ..., Volum 5

1833 - 874 sider
...want of gVill Where there has been contributory negligence on the part of the plaintiff, — ie, where he might, by the exercise of ordinary care have avoided...the consequences of the defendant's negligence— be is not entitled to recover. By 9 and 10 Viet. c. 93 (commonly called Lord Campbell's Act), when...
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The Law Journal Reports, Volum 66

1897 - 518 sider
...and other cases following it were relied on. But the proposition established by those cases is that, although there may have been negligence on the part...ordinary care have avoided the consequences of the defendants' negligence, he is entitled to recover. From what I have found as to the negligence of the...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volum 3

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1838 - 828 sider
...laid down with perfect correctness in the case of Butterfield v. Forrester: and that rule is, that, although there may have been negligence on the part...defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his own wrong. That is the only...
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Irish Law Reports: Particularly of Points of Practice, Argued and ..., Volum 12

Ireland. Court of King's Bench - 1850 - 646 sider
...the defendants' negligence." In a note to Raisin v. Mitchell (b) the result is thus stated, that " although there may have been " negligence on the part...defendant's negligence, he is entitled to recover ; if by ordinary "care he might have avoided them, he is the author of his own Bradley v. Waterhovse...
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Reports of Cases Argued and Determined in the Court of ..., Volum 1;Volum 130

Great Britain. Court of Exchequer - 1840 - 554 sider
...plaintiff's negligence. In Butterfield v. Forrester («'), Lord Ellenborough states the rule to be, that although there may have been negligence on the part...defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own wrong. Lord ABINGER, CB...
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Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1841 - 922 sider
...with perfect correctness in the case of Butterfield v. Forrester, 11 East, 60; and that rule is, that, although there may have been, negligence on the part...defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his own wrong. That is the only...
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An Abridgment of the Law of Nisi Prius, Volum 2

William Selwyn - 1842 - 822 sider
...negligence in both parties, and yet the plaintiff may be entitled to recover ; for the rule is, that although there may have been negligence on the part...defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his own wrong (A). " If I am...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Volum 3

Archibald John Stephens - 1842 - 998 sider
...Parke said, " The rule of law is laid do« in Butterfield v. Forrester (11), and that rule is, that although there may have been negligence on the part...defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his own wrong." (12) If a horse...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

1843 - 534 sider
...general rule of law respecting negligence is, that although there may have been negligence on the pait of the plaintiff, yet unless he might by the exercise...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and waggon against and killed an ass, which...
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The Law of Pleading and Evidence in Civil Actions: Arranged ..., Volum 1

John Simcoe Saunders - 1844 - 594 sider
...B. & C. 223; Rogers v. Imbleton, 2 N R. 118. [The general rule of law respecting negligence is, that although there may have been negligence on the part...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and wagon against and killed an ass, which...
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