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" Whether the damage was occasioned entirely by the negligence or Improper conduct of the defendant; or (-) whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary care and caution that but for such negligence... "
A Treatise Upon the Law Applicable to Negligence - Σελίδα 61
των Thomas William Saunders - 1871 - 269 σελίδες
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1833 - 812 σελίδες
...also in the same connection, the result depends upon the facts. The question in such cases is : (i) Whether the damage was occasioned entirely by the...negligence or improper conduct of the defendant ; or (2) whether the plaintiff himself so far contributed to the misfortune, by his own negligence, or want...

Connecticut Reports: Containing Cases Argued and Determined in the ..., Τόμος 59

Connecticut. Supreme Court of Errors - 1891 - 662 σελίδες
...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...

A Treatise on the Law of Master and Servant: Including Therein Masters and ...

Charles Manley Smith - 1860 - 622 σελίδες
...Wightumn, J., in delivering judgment, said: — "The proper question for the jury in cases of this kind is, whether the damage was occasioned entirely...want of ordinary and common care and caution, that bul forsucb negligence or want of ordinary care and caution on his part the misfortune would not have...

Irish Chancery Reports: Being a Series of Reports of Cases Argued and ...

Ireland. High Court of Chancery - 1861 - 652 σελίδες
...proper SCOTT v " 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...

A Treatise on the Law of Reparation

John Guthrie Smith - 1864 - 590 σελίδες
...de eo 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...

Reports of Cases Argued and Determined in the Court of Common ..., Τόμος 50

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 972 σελίδες
...appears to 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...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...

Reports of Cases Argued and Determined in the Court of Common ..., Τόμος 50

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 1038 σελίδες
...conduct plaintiff. care and caution, that, but for such negligence or want of ordinary care part of the the misfortune by his own negligence or want of ordinary and common Direction to and caution on his part, the misfortune would not have happened. jury. 2. In an action...

North Carolina Reports: Cases Argued and Determined in the Supreme ..., Τόμος 96

North Carolina. Supreme Court - 1887 - 724 σελίδες
...occasioned entirely by the negligence of the defendant, or did the plaintiff himself so far contribute to the misfortune by his own negligence or want of...common care and caution, that but for such negligence and want of common care and caution on his part, the misfortune would not have happened? If you believe...

Albany Law Journal, Τόμος 30

1885 - 550 σελίδες
...received by the deceased, and whether there was contributory negligence on the part of the deceased; whether the damage was occasioned entirely by the...misfortune by his own negligence or want of ordinary or common care and caution, that but for such negligence or want of ordinary care or caution on his...

A Treatise on the Rules for the Selection of the Parties to an Action

Albert Venn Dicey - 1870 - 582 σελίδες
...by 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...




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