 | Connecticut. Supreme Court of Errors - 1891 - 662 pages
...also in the same connection, the result depends upon the facts. The question in such cases is 1st, whether the damage was occasioned entirely by the...negligence or improper conduct of the defendant ; or 2d, whether the plaintiff himself so far contributed to the misfortune by his own negligence or want... | |
 | Charles Manley Smith - 1860 - 622 pages
...Wightumn, J., in delivering judgment, said: — "The proper question for the jury in cases of this kind is, whether the damage was occasioned entirely by the...misfortune by his own negligence or want of ordinary and common care and caution, that bul forsucb negligence or want of ordinary care and caution on his... | |
 | Ireland. High Court of Chancery - 1861 - 652 pages
...question for the jury in this case, and, indeed, in all others of the • D. AND w. " like kind, is, whether the damage was occasioned entirely by the " negligence or improper conduct of thj defendant, or whether the " plaintiff himself so far contributed to the misfortune, by his own... | |
 | John Guthrie Smith - 1864 - 590 pages
...per quem fact, erit (2, 10), lex 3, § 3. such circumstances, the proper question for the jury is — whether the damage was occasioned entirely by the negligence or improper conduct of the defender, or whether the pursuer himself so far contributed to the misfortune by his own negligence... | |
 | John Scott, Great Britain. Court of Common Pleas - 1865 - 534 pages
...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...misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on... | |
 | Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 972 pages
...us that the proper question for the jury in this, and indeed in all other cases of the hke kind, is, whether the damage was occasioned entirely by the...whether the Plaintiff himself so far contributed to the raUfortune by his own negligence or want of ordinary and common care and caution, that, but for such... | |
 | Great Britain. Courts - 1870 - 540 pages
...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...misfortune by his own negligence or want of ordinary and common care and caution that, but for such negligence or want of ordinary care and caution on his... | |
 | Albert Venn Dicey - 1870 - 582 pages
...ordinary care he might have avoided them, he is the author of his own wrong" (h). "The question is whether the damage was occasioned entirely by the...conduct of the defendant, or whether the plaintiff so far contributed to the misfortune by his own negligence and want of care or caution, that but for... | |
 | 1872 - 438 pages
...plaintiff herself so far contributed to the misfortune, by her own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on her part, the misfortune would not have happened; that, in the first case, the plaintiff... | |
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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... 
