 I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary...  A Treatise on the Law of Negligence - Page 294by Francis Wharton - 1874 - 889 pagesFull view - About this book
 | Joseph Kinnicut Angell - 1851 - 836 pages
...required by the case before us." § 561. The general rule of law in respect to negligence is, that although there may have been negligence on the part...by the exercise of ordinary care have avoided the consequence of the defendant's negligence, he is entitled to recover. Therefore, where the defendant... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1851 - 1054 pages
...Dories v. Mann (a), is, that although there may have heen negligence on the part of the plain tiif yet, unless he might, by the exercise of ordinary...defendant's negligence, he is entitled to recover. Parke, R, there says, " This subject was fully considered by this Court in the case of Bridge v. The... | |
 | John Simcoe Saunders - 1851 - 776 pages
...part of the pit. so to put the animal on ihe highway, yet the pit. was entitled to recover, for defr. might by the exercise of ordinary care have *avoided the consequences of his own negligence. If a horse and cart are left standing in the street, [ *468 ] without any one to... | |
 | Theodore Sedgwick - 1852 - 722 pages
...practically denied. may be entitled to recover. The rule is, that although there may have been negligence ou the part of the plaintiff yet unless he might, by...avoided them, he is the author of his own wrong.* This doctrine has been approved by the Supreme Court of Connecticut, in a casef where it was said,... | |
 | Charles Manley Smith - 1852 - 638 pages
...laid down with perfect correctness in the case of Butterficldy. Forrester (6), and that rule is, that although there may have been negligence on the part...ordinary care, have avoided the consequences of the defendant s negligence, he is entitled to recover : if by ordinary care he might have avoided them,... | |
 | 1862 - 752 pages
...have been negligence BAILWAY. " 'n koth Part'es> a°d yet the plaintiff may be entitled to recover. "Although there may have been negligence on the part...ordinary care, " have avoided the consequences of the defendants' negligence, he "is entitled to recover." Those observations precisely apply to the present... | |
 | Herbert Broom - 1852 - 616 pages
...plaintiff's claim for redress ; and that although the plaintiff may himself have been guilty of negligence, yet, unless he might, by the exercise of ordinary...the consequences of the defendant's negligence, he will be entitled to recover ; if, by ordinary care, he might have avoided them, he must be *considered... | |
 | John Bouvier - 1854 - 790 pages
...statu quo, and neither can recover any compensation from the other. (6) The rule seems to be this, that although there may have been negligence on the part...have avoided them, he is the author of his own wrong. (c) 2. When the act which has caused the injury is immediate, the party injured may elect to regard... | |
 | Simon Greenleaf - 1854 - 784 pages
...This principle is freely applied in actions on the case for negligence, where the rule is, that though there may have been negligence on the part of the...by the exercise of ordinary care, have avoided the consequence of the defendant's negligence, he is entitled to recover ; but if, by ordinary care, he... | |
 | Herbert Broom - 1854 - 622 pages
...plaintiff's claim for redress ; and that although the plaintiff may himself have been guilty of negligence, yet, unless he might, by the exercise of ordinary care, have avoided the consequence of the defendant's negligence, he will be entitled to recover : if, by ordinary care, he... | |
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