... 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 - Side 8av Michael McDermott - 1879 - 586 siderUten tilgangsbegrensning - Om denne boken
| Nova Scotia. Supreme Court - 1901 - 620 sider
...himself. Two things must occur to support the action — an obstruction in the road by the default of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff'.' 1 Beav., 169, two cases cited. In Bridge v. Grand Junction Railway, Parke, B., said : ' The rule of... | |
| 1888 - 1056 sider
...it was made than to the one under consideration. "Two things must concur, " said that learned judge, "to support this action, — an obstruction in the...ordinary care to avoid it on the part of the plaintiff. " This rule, stated in different Language, has been consistently and uniformly declared and adhered... | |
| 1928 - 966 sider
...another's using ordinary care for himself. Two things must concur to support this action. an obstruction of the road by the fault of the defendant, and no want...the part of the plaintiff." Butterfield v. Forrester has been a leading case In England (1 Beven on Negligence [2d NT) (NT Ed.] p. 169 ; Pollock on Torts... | |
| 1919 - 376 sider
...in contact with an obstruction on a highway is that two things must concur to support the action, aa obstruction in the road by the fault of the defendant,...ordinary care to avoid it on the part of the plaintiff. Frccdman v. City of Winnipeg (Man.), 43 DLR 126, [1918] 3 WWR 479. OBSTRUCTIONS — DEATH — LIABILITY... | |
| 1893 - 1274 sider
...ordinary care for himself. Two things must concur to support thia action. An obstruction in the road, and no want of ordinary care to avoid it on the part of the plaintiff." The rule of law laid down in Butterfield v. Forrester was expressly approved in Bridge v. Railway Го.,... | |
| 1920 - 588 sider
...follows: "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...ordinary care to avoid it on the part of the plaintiff." This statement of the law was expressly approved in Bridge- v. Grand Junction Ry. Co., 3 M. & W. 244,... | |
| 1928 - 1612 sider
...against them. One person being in fault will not dispense with another using ordinary care for himself. Two things must concur to support this action —...ordinary care to avoid it on the part of the plaintiff." There are obiter expressions in some of the cases apparently recognizing or assuming that contributory... | |
| 1927 - 604 sider
...Butterfield v. Forester, II East (Eng.) 60 (1809). He said: "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." •Citing cases on this point is indeed piling Ossa on Pelion. However, collections of cases may be... | |
| Richard Lempert, Joseph Sanders - 1986 - 556 sider
...right. . . . 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...ordinary care to avoid it on the part of the plaintiff. 1 1 1 East 60. 61 i The contributory negligence rule is a harsh one. In its classic formulation, contributory... | |
| California. Supreme Court - 1906 - 746 sider
...dispense with another's using ordinary care for himself. Two things must concur to support this actioq: an obstruction in the road, by the fault of the defendant;...ordinary care to avoid it on the part of the plaintiff." In the case at bar we have the spurious deed executed by a pretender in the name of West, and negligently... | |
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