| 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
...[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 the...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
...consequences " of the defendants' negligence." In a note to Raisin v. Mitchell (b) the result is thus stated, that " although there may have been " negligence on...recover ; if by ordinary "care he might have avoided them, he is the author of his own Bradley v. Waterhovse is the foundation of a class of cases relied... | |
| Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1841 - 922 pages
...down 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...recover : if by ordinary care he might have avoided them, he is the author of his own wrong. That is the only way in which the rule as to the exercise... | |
| William Selwyn - Nisi prius - 1842 - 822 pages
...been 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...recover : if by ordinary care he might have avoided them, he is the author of his own wrong (A). " If I am guilty of negligence in leaving a dangerous... | |
| Archibald John Stephens - Arbitration and award - 1842 - 998 pages
...Baron 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...recover : if by ordinary care he might have avoided them, he is the author of his own wrong." (12) If a horse and cart be left standing in the street,... | |
| 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...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and waggon against and killed an ass, which... | |
| John Simcoe Saunders - Civil procedure - 1844 - 594 pages
...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 the...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and wagon against and killed an ass, which... | |
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