 | 1833 - 874 páginas
...want of gVill Where there has been contributory negligence on the part of the plaintiff, — ie, where he might, by the exercise of ordinary care have avoided...the consequences of the defendant's negligence— be is not entitled to recover. By 9 and 10 Viet. c. 93 (commonly called Lord Campbell's Act), when... | |
 | 1897 - 518 páginas
...[1842] H and other cases following it were relied on. But the proposition established by those cases is that, although there may have been negligence on...ordinary care have avoided the consequences of the defendants' negligence, he is entitled to recover. From what I have found as to the negligence of the... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1843 - 842 páginas
...Navigation Company v. Robins, 593 NEGLIGENCE. When actionable. The general rule of law respecting negligence is, that although there may have been negligence on...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and waggon against and killed an ass, which... | |
 | 1843 - 534 páginas
...general rule of law respecting negligence is, that although there may have been negligence on the pait of the plaintiff, yet unless he might by the exercise...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and waggon against and killed an ass, which... | |
 | 1844 - 510 páginas
...& W. 453. NEGLIGENCE. (In driving, ichen actionable.) The general rule of law respecting negligence is, that although there may have been negligence on...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and wagon against and killed an ass, which... | |
 | John Simcoe Saunders - 1844 - 594 páginas
...Hardern, 4 B. & C. 223; Rogers v. Imbleton, 2 N R. 118. [The general rule of law respecting negligence is, that although there may have been negligence on...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and wagon against and killed an ass, which... | |
 | Joseph Chitty - 1844 - 808 páginas
...respecting negligence ii, that although there may have been négligence on the part of the plaintif)', yet, unless he might by the exercise of ordinary care have avoided the conséquences of the defendant's negligence, he is entitled to recover ; Davits v. Man», 10 M. Se... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1848 - 1084 páginas
...The rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester (b) ; and that rule is, that, although there may have been...ordinary care, have avoided the consequences of the defendants' negligence, he is entitled to recover : if, by ordinary care, he might have avoided them,... | |
 | Joseph Kinnicut Angell - 1849 - 808 páginas
...opinion not required by the case before us." § 561. The general rule of law in respect to negligence is, that although there may have been negligence on...by the exercise of ordinary care have avoided the consequence of the defendant's negligence, he is entitled to recover. Therefore, where the defendant... | |
 | 1849 - 734 páginas
...improper conduct on the part of the plaintiff will prevent his recovering, for it must be shown that he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence ; and it is not sufficient for the defendant to show that the plaintiff did an improper or even an... | |
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Forrester (x), that although there may have been Negligence on the part of the plaintiff, yet unless he might by the exercise of ordinary care have avoided the consequences of the defendant's Negligence, he is entitled to recover. But if by ordinary care... 
