 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 Brown Heiskell - 1874 - 748 pages
...plaintiff's claim for redress, and that although the plaintiff may have himself been guilty of negligence, yet unless he might, by the exercise of ordinary care, have avoided the consequences of defendant's negligence, he will be entitled to recover." He adds: "It is likewise true that in cases... | |
 | Great Britain. Court of Exchequer - 1875 - 410 pages
...Then, if RAILWAY Co. the rule laid down by Parke, B., in Bridge v. Grand Junction Ry, Co. (2), " that although there may have been negligence on the part...ordinary care, have avoided the consequences of the defendants' negligence, he is entitled to recover," be adhered to, it does not seem to me that there... | |
 | 1875 - 788 pages
...cases where the omission contributes to the injury. The law in cases of mutual negligence is, that although there may have been negligence on the part...of ordinary care, have avoided the consequences of 1 See ante, page 213 et seq. Vol. II.] CLEVELAND, COLUMRCS, AND CINCINNATI RR Co. v. CRAWFORD. [No.... | |
 | 1875 - 462 pages
...then, the rule laid down by Parke, B., in Bridge v. The Grand Junction Railway Company, ubi sup., that "although there may have been negligence on the part...by the exercise of ordinary care, have avoided the consequence of the defendants' negligence, he is entitled to recover; if, by ordinary care, he might... | |
 | Joseph Chitty, Henry Greening - 1876 - 992 pages
...plaintiff from recovering, even though the defendant is guilty of negligence. " The rule of law is, that although there may have been negligence on the part...avoided them, he is the author of his own wrong." Per Parke B. Bridge v. The Grand Junction Ry. Co. 3 M. & W. 244: Davies r. Mann, 10 M. & W. 546; 12... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 pages
...incautiously gotten upon the track of defendant's road, yet if he could not, at the time of the collision, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, assuming that there was such, the right to recover exists. If, however, by ordinary care, he might... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1913 - 676 pages
...himself, and was he exercising such care at the time the accident occurred? In other words, could he, by the exercise of ordinary care, have avoided the consequences of the collision, so far as they affected him personally, and did he exercise such care ? In Beach on Contr.... | |
 | John Campbell Allen - 1878 - 714 pages
...Forrester (a), and by Parke B., in Bridge r. Grand Junction Ry. Co. (6), where he says the rule is that " Although there may have been negligence on the " part...ordinary care have avoided the consequences of the " defendants' negligence, he is entitled to recover : if by " ordinary care he might have avoided them,... | |
 | James Kirby - 1878 - 658 pages
...rule hud down by Parke, В., in Bridge v. The Oraml Junction Kailicay Company, 3 M. t W. 244, that ' although there may have been negligence on the part...unless he might by the exercise of ordinary care, пате avoided the consequence of the defendants' negligence, lie is entitled to recover ; if, by... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1878 - 632 pages
...entitled to recover; but in cases of mutual negligence the plaintiff is entitled to recover, unless be might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence. 2. Married Women. A married woman may, while married, maintain an action in her own name for any matter... | |
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