 | Francis Wharton - Negligence - 1874 - 960 pages
...action could not be maintained.1 The question for the jury, it is said by a learned English judge, is " whether the damage was occasioned entirely by...or whether the plaintiff himself so far contributed t Flower v. Adam, 3 Taunt. 314. See Schloss v. Heriot, 14 CBNS 59; Burrows r. March Gas, &c. Co. LR... | |
 | Melville Madison Bigelow - Torts - 1875 - 830 pages
...above case of Tuff v. Warman, the court laid down the following as the proper question for the jury: " Whether the damage was occasioned entirely by the...of the defendant, or whether the plaintiff himself во far contributed to the misfortune by his own negligence or want of ordinary and common care and... | |
 | Melville Madison Bigelow - Torts - 1875 - 808 pages
...above case of Tuff r. Warman, the court laid down the following as the proper question for the jury : " Whether the damage was occasioned entirely by the...negligence or improper conduct of the defendant, or whether NEGLIGENCE. the plaintiff himself so far contributed to the misfortune by his own negligence or want... | |
 | Louis Arthur Goodeve - Railroad law - 1876 - 180 pages
...company for the injuries he has sustained. It has been laid down that the proper question in such case is, " whether the damage was occasioned entirely by...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... | |
 | Charles Clark, Great Britain. Parliament. House of Lords - Law reports, digests, etc - 1876 - 842 pages
...delivering the judgment of the Court of Exchequer Chamber, said : " The proper question for the jury is, whether the damage was occasioned entirely by...misfortune by his own negligence or want of ordinary care and caution, that, but for such negligence or want of ordinary care and caution on his part, the... | |
 | Charles Greenstreet Addison - Torts - 1876 - 874 pages
...the part of the plaintiff as well as on the part of the defendant, the proper question for the jury is, " whether the damage was occasioned entirely by...contributed to the misfortune by his own negligence, that, but for such negligence on his part, the misfortune would not have happened. In the first place... | |
 | Charles Greenstreet Addison - Torts - 1876 - 832 pages
...the part of the plaintiff as well as on the part of the defendant, the proper question for the jury is, "whether the damage was occasioned entirely by...contributed to the misfortune by his own negligence, that, but for such negligence on his part, the misfortune would not have happened. In the first place... | |
 | Joseph Chitty, Henry Greening - Forms (Law) - 1876 - 992 pages
...negligence or improper conduct of the defendant, the plaintiff is still entitled to recover if he have not so far contributed to the misfortune by his own negligence or want of proper care, that but for such negligence the misfortune could not have happened, and if the defendant... | |
 | James Paterson - Civil rights - 1877 - 538 pages
...remote to be considered in the question.1 And the true rule to be left to a jury in such cases as this is, whether the damage was occasioned entirely by...that but for such negligence or want of ordinary care and caution on his part the misfortune would not have happened.2 ( Contributory negligence in the case... | |
 | Law - 1877 - 1004 pages
...also, in the same connection, the result depends upon the facts; The question in such cases is (1) whether the damage was occasioned entirely by the...plaintiff himself so far contributed to the misfortune, br bis own negligence or want of ordinary care and caution, that but for such negligence or want of... | |
| |
It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so... 
