 | 1888 - 556 páginas
...negligence may in fact have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have...happened, the plaintiff's negligence will not excuse him. This qualification was clearly stated in the case of Tuff v. Warman, 5 CB (NS) 573, so often referred... | |
 | 1899 - 710 páginas
...negligence may, in fact, have contributed to the accident, yet, if the defendant could in the result, by the exercise of ordinary care and diligence, have...happened, the plaintiff's negligence will not excuse him. This proposition, as one of law, cannot be questioned. It was decided in the case oiDavies v. Mann... | |
 | Charles Clark, Great Britain. Parliament. House of Lords - 1876 - 842 páginas
...accident, yet if the Defendant could in the result, by the exercise of ordinary care and diligeuce, have avoided the mischief which happened, the Plaintiff's negligence will not excuse him. This proposition, as one of law, cannot be questioned. It was decided in the case of Davies v. Mann... | |
 | 1877 - 692 páginas
...negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have...happened, the plaintiff's negligence will not excuse him. Chamber reversed, and new trial ordered. Opinion by Lord Pe.nzn.nce ; the Lord Chancellor and Lords... | |
 | John Campbell Allen - 1878 - 714 páginas
...negligence may, in fact have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintifl-'s negligence would not excuse him. — REPORTER. ANSLEY against THE ALBERT MINING COMPANY.... | |
 | Charles Edward Pollock - 1880 - 1036 páginas
...contributed to the accident which is the subject of the action, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have...happened, the plaintiff's negligence will not excuse him (x). The plaintiff must prove negligence upon the part of Master and the defendant, or if the act be... | |
 | 1880 - 920 páginas
...hereafter. VOL. V. NO. 6 56 tributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have...happened, the plaintiff's negligence will not excuse him. This proposition, as one. of law, cannot be questioned. It was decided in the case of Davies v. Mann,1... | |
 | Virginia. Supreme Court of Appeals - 1880 - 964 páginas
...negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintift's negligence will not excuse him. 3. On a demurrer to evidence, the demurrant must be considered... | |
 | Isaac Grant Thompson - 1880 - 886 páginas
...accident, yet if the defendant, o-mld, in the result, by the exercise of ordinary care and diligence, havi: avoided the mischief which happened, the plaintiff's negligence will not excuse him." And his lordship adds: " This proposition, f»s one of law, cannot be questioned. It was decided in... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1881 - 730 páginas
...negligence may, in fact, have contributed to the accident, yet if the defendant could, in the result, by the exercise of ordinary care and. diligence have...happened, the plaintiff's negligence will not excuse him. Eadley v. Railway Co., LB, l App. С., 754, 1876. Here, perhaps, the ride is not qualified to so great... | |
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But there is another proposition equally well established, and it is a qualification upon the first, namely, that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet... 
