 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...  Atlantic Reporter - Page 1831893Full view - About this book
 | 1888 - 556 pages
...this, that though the plaintiff may have been guilty of negligence, and although that negligence may in fact have contributed to the accident, yet if the...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
...namely, that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet, if...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
...though the Plaintiff RAILWAY Co. may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if...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.... | |
 | 1877 - 692 pages
...that, although the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if...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
...was that though the plaintiff may have been guilty <?{ negligence, and though that negligence may, in fact have contributed to the accident, yet if 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... | |
 | Charles Edward Pollock - 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 - 1880 - 964 pages
...812 7. But though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if...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... | |
 | Isaac Grant Thompson - 1880 - 886 pages
...accident, yet if the defendant, o-mld, in the result, by the exercise of ordinary care and diligence, havi: avoided the mischief which happened, the plaintiff's negligence will not excuse him." And his lordship adds: " This proposition, f»s one of law, cannot be questioned. It was decided in... | |
| |
