 | Law - 1888 - 556 pages
...plaintiff may have been guilty of negligence, and although that negligence may in fact have contributed to the accident, yet if the defendant could in the...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 to,... | |
 | Law - 1885 - 550 pages
...guilty of negligence, and such negligence may, in fact, have remotely contributed to the production of the accident, yet if the defendant could, in the result, by the exercise of reasonable care and diligence, in view of the circumstances of the case, have avoided the accident,... | |
 | Law - 1899 - 710 pages
...plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet, if the defendant could in the...law, cannot be questioned. It was decided in the case oiDavies v. Mann (10 M. & W. 546), supported in that of Tuff v. Warman (5 CBNS 573), and other cases,... | |
 | Charles Clark, Great Britain. Parliament. House of Lords - Law reports, digests, etc - 1876 - 842 pages
...Co. may have been guilty of negligence, and although that negligence may, in fact, have contributed to the 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.... | |
 | Law reports, digests, etc - 1877 - 692 pages
...plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the...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 pages
...plaintiff may have been guilty <?{ negligence, and though that negligence may, in fact have contributed to the accident, yet if the defendant could in the...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 - Civil procedure - 1880 - 1036 pages
...although that negligence may in fact have contributed to the accident which is the subject of the action, yet if the defendant could in the result, by the exercise...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... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1880 - 964 pages
...plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care ami diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse... | |
 | Benjamin Russell, M.A. - 1880 - 678 pages
...although the negligence may in fact have contributed to the accident which is the subject of the action, yet if the defendant could, in the result, by the exercise of care, have avoided the mischief, the plaintiff's negligence will not excuse him." Following this last... | |
 | 1880 - 682 pages
...although the negligence may in fact have contributed to the accident which is the subject of the action, yet if the defendant could, in the result, by the exercise of care, have avoided the mischief, the plaintiff's negligence will not excuse him." Following this last... | |
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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... 
