 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...  A Treatise on the Law of Negligence - Page 155by Thomas Gaskell Shearman, Amasa Angell Redfield - 1888Full view - About this book
 | 1888 - 556 pages
...effect of contributory negligence, which is this, that though the plaintiff may have been guilty of negligence, and although that negligence may in fact...happened, 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... | |
 | 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,... | |
 | 1899 - 710 pages
...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,...happened, the plaintiff's negligence will not excuse him. This proposition, as one of law, cannot be questioned. It was decided in the case oiDavies v. Mann... | |
 | Charles Clark, Great Britain. Parliament. House of Lords - 1876 - 842 pages
...Negligence — Contributory Negligence, — Misdirection. Though a Plaintiff may have been guilty of negligence, and 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 of... | |
 | 1877 - 692 pages
...the accident impossible. It is well established that, although the plaintiff may have been guilty of negligence, and although that negligence may, in fact,...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
...in cases of this kind, was that though the plaintiff may have been guilty <?{ negligence, and though that negligence may, in fact have contributed to the...diligence, have avoided the mischief which happened, the plaintifl-'s negligence would not excuse him. — REPORTER. ANSLEY against THE ALBERT MINING COMPANY.... | |
 | 1880 - 920 pages
...2 See subdivision V., supra. 3 This we shall endeavor to show hereafter. VOL. V. NO. 6 56 tributed to the accident, yet if the defendant could in the...happened, the plaintiff's negligence will not excuse him. This proposition, as one. of law, cannot be questioned. It was decided in the case of Davies v. Mann,1... | |
 | Virginia. Supreme Court of Appeals - 1880 - 964 pages
...Biclimond Sf Danville RR Co. v. Anderson's adm'r, 812 7. But though the plaintiff may have been guilty of negligence, and although that negligence may, in fact,...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... | |
 | Charles Edward Pollock - 1880 - 1036 pages
...management of the carriage or vessel in which he is (r). Though a plaintiff may have been guilty of negligence, and 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 of ordinary... | |
 | 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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