 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...  Reports of Cases Argued and Determined in the Supreme Court of the Territory ... - Էջ 400Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, William Henry Holmes, Julius Augustus Stratton, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1890Ամբողջությամբ դիտվող - Այս գրքի մասին
 | 1888 - 556 էջ
...qualification of the general rule as to the legal effect of contributory negligence, which is this, that though the plaintiff may have been guilty of...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... | |
 | 1899 - 710 էջ
...dispute. The first proposition is a general one to this effect, that the plaintiff in an action for negligence cannot succeed if it is found by the jury...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 էջ
...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...happened, the Plaintiff's negligence will not excuse him. A railway company was in the habit of taking full tracks from the siding of a colliery owner, and returning... | |
 | 1877 - 692 էջ
...negligence of the plaintiffs, have made the accident impossible. It is well established that, although the plaintiff may have been guilty of negligence,...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 էջ
...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.... | |
 | Virginia. Supreme Court of Appeals - 1880 - 964 էջ
...been guilty of any negligence or want of ordinary care which contributed to cause the accident. 2. But though the plaintiff may have been guilty of negligence,...diligence, have avoided the mischief which happened, the plaintift's negligence will not excuse him. 3. On a demurrer to evidence, the demurrant must be considered... | |
 | 1880 - 920 էջ
...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 էջ
...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... | |
 | Isaac Grant Thompson - 1880 - 888 էջ
...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... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1881 - 732 էջ
...ordinary care which contributed to the accident. And a well-established qualification of the rule is, that though the plaintiff may have been guilty of...happened, the plaintiff's negligence will not excuse him. Eadley v. Railway Co., LB, l App. С., 754, 1876. Here, perhaps, the ride is not qualified to so great... | |
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