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Bøker Bok 110 av 129... one person being in fault will not dispense with another's using ordinary care...
" ... 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... "
The Civil-engineer & Surveyor's Manual: Comprising Surveying, Engineering ... - Side 8
av Michael McDermott - 1879 - 586 sider
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Reports of Civil and Criminal Cases Decided by the Court ..., Volum 22;Volum 129

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell, Thomas Bell Monroe, John James Marshall, James Greene Dana, Benjamin Monroe, James P. Metcalfe, Alvin Duvall, William Pope Duvall Bush, John Rodman, Edward Warren Hines, Charles Cyrus Turner, Thomas Lewis Edelen, Thomas Robert McBeath, Robert G. Higdon, T. M. Jones, Amos Hall Eblen - 1909
...against them. One person being in fault will not dispense with another's using ordinary care for himself. Two things must concur to support this action —...ordinary care to avoid it on the part of the plaintiff." The doctrine announced by the learned judge in this opinion is recognized as the correct rule, and...
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Reports of Cases Argued and Determined in the Court of King's ..., Volum 13

Sir Edward Hyde East - 1810
...another's uling ordinary care for himfelf. Two things muft concur to fupport this a£lion, an obftru&ion in the road by the fault of the defendant, and no...ordinary care to avoid it on the part of the plaintiff. Per Curiam, Rule refufed. (a) The book cites Cartb. 194. and 451. in the margin, which reftrmeet do...
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A Digest of the Law of Actions and Trials at Nisi Prius, Volumer 1-2

Isaac Espinasse - 1812
...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...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volum 2

United States. Supreme Court, Henry Wheaton - 1817
...was, therefore, 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...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"^>...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volum 1

John Bayly Moore - 1818
...defendant, and the court confirmed the finding : Lord Ellenborough saying, amongst other observations, that two things must concur to support this action ; an...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...
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Reports of Cases Argued and Determined in the Court of Common Pleas ..., Volum 3

Great Britain. Court of Common Pleas, William Pyle Taunton - 1819
...Defendant, and the Court confirmed the finding ; Lord Ettenborough saying, amongst other observations, that two things must concur to support this action, an...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...
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The Justice of the Peace, and Parish Officer, Volum 3

Richard Burn, Sir George Chetwynd - 1820
...shew cause why there should not be a new trial, it was refused, and Lord Ellenborough CJ, said that two things must concur to support this action, an...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...
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Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volum 3

Alabama. Supreme Court, George Noble Stewart - 1835
...That one person being in fault, will not dispense with another's using ordinary care for himself. That two things must concur, to support this action: an...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...
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Reports of Cases Argued and Determined in the Supreme Court: And in ..., Volum 1

Esek Cowen, Robert Johnstone - 1837
...care, he might have avoided it ; and the court held (hat no action lay. Lord Ellenborough remarks, "Two things must concur, to support this action; an...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 ;...
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Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

John Scott - 1841
...favorable for the plaintiff than that in Butterfield v. Forrester. Lord Ellenbonnigh in that case, says : " Two things must concur to support this action...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...
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