 | 1888 - 556 páginas
...infirm, but that such assumed infirmity was equivalent to contributory negligence on his part which hars a recovery. It thus ignores an important qualification...than the application of the maxim sic utere tuo ut aUenum non Indus. Broom Leg. Max. 385; Radley v. Railway Co., LB, 1 App. 754; Railroad Co. v. Anderson's... | |
 | 1899 - 710 páginas
...is another proposition equally well established, and it is a qualification upon the first, namely, that though the plaintiff may have been guilty of...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 (10 M.... | |
 | Charles Clark, Great Britain. Parliament. House of Lords - 1876 - 842 páginas
...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 páginas
...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 páginas
...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.... | |
 | 1880 - 920 páginas
...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...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 supported... | |
 | Charles Edward Pollock - 1880 - 1036 páginas
...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 - 886 páginas
...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 - 730 páginas
...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... | |
 | Robert Vashon Rogers - 1881 - 348 páginas
...negligence was in the whole or in part the proximate cause ; 2 unless, indeed, the defendant could, by the exercise of ordinary care and diligence, have avoided the mischief which happened." 3 1 Railway Act, 1879, sec' 2S (Canada). Redfield on Railways, vol. ii. p. 252. 2 Robinson v. Cone,... | |
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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... 
