I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary... The Northwestern Reporter - Page 691886Full view - About this book
| Encyclopedias and dictionaries - 1833 - 874 pages
...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... | |
| Law reports, digests, etc - 1897 - 518 pages
...and other cases following it were relied on. But the proposition established by those cases is that, although there may have been negligence on the part...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... | |
| Ireland. Court of King's Bench - Law reports, digests, etc - 1850 - 646 pages
...the defendants' negligence." In a note to Raisin v. Mitchell (b) the result is thus stated, that " although there may have been " negligence on the part...the consequences of " the defendant's negligence, he is entitled to recover ; if by ordinary "care he might have avoided them, he is the author of his... | |
| Great Britain. Court of Exchequer - Law reports, digests, etc - 1840 - 554 pages
...plaintiff's negligence. In Butterfield v. Forrester («'), Lord Ellenborough states the rule to be, that although there may have been negligence on the part...avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his... | |
| Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1841 - 922 pages
...with perfect correctness in the case of Butterfield v. Forrester, 11 East, 60; and that rule is, that, although there may have been, negligence on the part...avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his... | |
| William Selwyn - Nisi prius - 1842 - 822 pages
...negligence in both parties, and yet the plaintiff may be entitled to recover ; for the rule is, that although there may have been negligence on the part...avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his... | |
| Archibald John Stephens - Arbitration and award - 1842 - 998 pages
...Parke said, " The rule of law is laid do« in Butterfield v. Forrester (11), and that rule is, that although there may have been negligence on the part...avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them, he is the author of his... | |
| Law - 1843 - 534 pages
...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...avoided the consequences of the defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and waggon against... | |
| Law - 1844 - 510 pages
...NEGLIGENCE. (In driving, ichen actionable.) The general rule of law respecting negligence is, that although there may have been negligence on the part...avoided the consequences of the defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and wagon against... | |
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