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" ... the plaintiff himself so far contributed to the misfortune, by his own negligence or want of ordinary and common care and caution, that but for such negligence or want of ordinary care and caution on his part the misfortune would not have happened. "
The Pacific Reporter - Página 52
1886
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1833 - 812 páginas
...plaintiff so far contributes to the disaster by his own neglect, or want of ordinary care and caution, as that, but for such neglect or want of care and caution...his part, the misfortune would not have happened, lie is not entitled to recover. This latter rule is not applicable in a case where the proximate cause...
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Connecticut Reports: Containing Cases Argued and Determined in ..., Volume 59

Connecticut. Supreme Court of Errors - 1891 - 662 páginas
...misfortune by his own negligence or want of ordinary care and caution, that but for such negligence or want of care and caution on his part the misfortune would not have happened. In the former case the plaintiff is entitled to recovery. In the later he is not." The facts in the...
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A Treatise on the Law of Master and Servant: Including Therein Masters and ...

Charles Manley Smith - 1860 - 622 páginas
...negligence or want of ordinary and common care and caution, that bul forsucb negligence or want of ordinary care and caution on his part the misfortune would not have happened. In the first case the plaintiff would be entitled to recover; in the latter, not, as but for his own...
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Irish Chancery Reports: Being a Series of Reports of Cases Argued and ...

Ireland. High Court of Chancery - 1861 - 652 páginas
...or want of ordinary and common care and caution, that, " but for such negligence or want of ordinary care and caution on his " part, the misfortune would not have happened ? In the first case, " the plaintiff would be entitled to recover, in the latter not ; as, but " for...
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volume 12

John Scott, Great Britain. Court of Common Pleas - 1865 - 534 páginas
...or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened. In the first case, the plaintiff would be entitled to recover, in the latter, not ; as, but for his...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 50

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 1038 páginas
...or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened" (a). Nothing can be more clear than those words, or more calculated to inform a jury what the question...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 96

North Carolina. Supreme Court - 1887 - 724 páginas
...negligence or want of ordinary and common care and caution, that but for such negligence and want of common care and caution on his part, the misfortune would not have happened? If you believe the first branch of the proposition to be the truth. then you will answer the issue...
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Albany Law Journal, Volume 24

1881 - 572 páginas
...by his own negligence or want of care and caution, that but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened, the plaintiff cannot recover. Dickey v. Maine Telegraph Co., 43 Me. 496. The plaintiff must show that...
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A Treatise Upon the Law Applicable to Negligence

Thomas William Saunders - 1871 - 338 páginas
...negligence or want of ordinary and common care and caution, that but for such negligence or want of ordinary care and caution on his part the misfortune would not have happened ? In the first case the plaintiff would be entitled to recover; in the latter, not, as but for his...
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Reports of Cases Argued and Determined in the Supreme Court of New ..., Volume 9

New South Wales. Supreme Court - 1871 - 554 páginas
...or want of ordinary and common care and caution, that but for such negligence, or want of ordinary care and caution on his part, the misfortune would not have happened. "Mere negligence, or want of ordinary care or caution, would not, however, disentitle a plaintiff to...
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