 | Isaac 'Espinasse - 1812 - 378 sider
...concur to fupport the action, an " obftruction in the road by the fault of the defendant, and tin '! want of ordinary care to avoid it on the part of the plaintiff.'' The " rule therefore fcems to be correft as above laid down, 3. 4. « WhereСо. Lia 56, z. Kabelt... | |
 | United States. Supreme Court - 1817 - 584 sider
...decided, that he could not recover; for that two things must concur to support the action : an obstruction in the road by the fault of the defendant, and no...ordinary care, to avoid it, on the part of the plaintiff. Upon the a 2 Z,w. 196. 6 11 JEiwt,60. 1817. principle of these cases, the appellant is exempted v-*"v"^>... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1818 - 636 sider
...saying, amongst other observations, that two things must concur to support this action ; an obstruction in the road by the fault of the defendant, and no...ordinary care to avoid it on the part of the plaintiff. Here those two things do concur, the wilful erection of these spear? by the defendant, for an unlawful... | |
 | Great Britain. Court of Common Pleas, William Pyle Taunton - 1819 - 766 sider
...saying, amongst other observations, that two things must concur to support this action, an obstruction in the road by the fault of the Defendant, and no...ordinary care to avoid it on the part of. the Plaintiff. Here those two things do concur, the wilful erection of these spears by the Defendant, for an unlawful... | |
 | Richard Burn - 1820 - 834 sider
...refused, and Lord Ellenborough CJ, said that two things must concur to support this action, an obstruction in the road by the fault of the defendant, and no...ordinary care to avoid it on the part of the plaintiff. Brewhouse, It hath been holden, that it is no common nuisance to make yard glasshouse, hog- candles... | |
 | Alabama. Supreme Court, George Noble Stewart - 1835 - 526 sider
...using ordinary care for himself. That two things must concur, to support this action: an obstruction in the road, by the fault of the defendant, and no...care, to avoid it, on the part of the plaintiff." To the same effect is the law cited,* where it is said, that "if WWheat's^16 immed>ate and proximate... | |
 | Esek Cowen, New York (State). Supreme Court - 1837 - 826 sider
...action lay. Lord Ellenborough remarks, "Two things must concur, to support this action; an obstruction in the road, by the fault of the defendant ; and no...ordinary care to avoid it, on the part of the plaintiff." And he instances the case of persons travelling upon what is considered the wrougsideof the road ;... | |
 | Great Britain. Court of Common Pleas, John Scott - 1841 - 922 sider
...Ellenbonnigh in that case, says : " Two things must concur to support this action — an obstruction in the road by the fault of the defendant — and...ordinary care to avoid it on the part of the plaintiff." That doctrine precisely applies to this case. But I am not satisfied that the jury have in this case... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1841 - 1114 sider
...another's using ordinary care for himself. Two things must concur to support this action, an obstruction in the road by the fault of the defendant, and no want of ordinary care to ai-oid it on the part of the plaintiff." Of the propriety, to say nothing of the prudence, of one man's... | |
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... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part... 
