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" The Rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester (x), that although there may have been Negligence on the part of the plaintiff, yet unless he might by the exercise of ordinary care have avoided the consequences... "
Institutes of American Law - Σελίδα 652
των John Bouvier - 1854
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The Encyclopaedia Britannica: A Dictionary of Arts, Sciences, and ..., Τόμος 5

1833 - 874 σελίδες
...want of gVill Where there has been contributory negligence on the part of the plaintiff, — ie, where he might, by the exercise of ordinary care have avoided...the consequences of the defendant's negligence— be is not entitled to recover. By 9 and 10 Viet. c. 93 (commonly called Lord Campbell's Act), when...

The Law Journal Reports, Τόμος 66

1897 - 518 σελίδες
...[1842] H and other cases following it were relied on. But the proposition established by those cases is that, although there may have been negligence on the...ordinary care have avoided the consequences of the defendants' negligence, he is entitled to recover. From what I have found as to the negligence of the...

Reports of Cases Argued and Determined in the Courts of Exchequer ..., Τόμος 10

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1843 - 842 σελίδες
...Company v. Robins, 593 NEGLIGENCE. When actionable. The general rule of law respecting negligence is, that although there may have been negligence on the...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and waggon against and killed an ass, which...

The Law Magazine, Or, Quarterly Review of Jurisprudence

1843 - 534 σελίδες
...general rule of law respecting negligence is, that although there may have been negligence on the pait of the plaintiff, yet unless he might by the exercise...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and waggon against and killed an ass, which...

A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - 1844 - 910 σελίδες
...Bridge v. The Grand Junction Railway Co., 3 M. 4- W. 244. ; in which case Parkc B. states the rule to be that, although there may have been negligence on-...recover : if by ordinary care he might have avoided this, he is the author of I. is own wrong : that is the only way in which the rule as to the exercise...

The Law of Pleading and Evidence in Civil Actions: Arranged ..., Τόμος 1

John Simcoe Saunders - 1844 - 594 σελίδες
...Hardern, 4 B. & C. 223; Rogers v. Imbleton, 2 N R. 118. [The general rule of law respecting negligence is, that although there may have been negligence on the...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and wagon against and killed an ass, which...

American Law Magazine, Τόμος 2

1844 - 510 σελίδες
...453. NEGLIGENCE. (In driving, ichen actionable.) The general rule of law respecting negligence is, that although there may have been negligence on the...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and wagon against and killed an ass, which...

Chitty's Treatise on Pleading and Parties to Actions ..., Βιβλίο 383,Τόμος 2

Joseph Chitty - 1844 - 808 σελίδες
...respecting negligence ii, that although there may have been négligence on the part of the plaintif)', yet, unless he might by the exercise of ordinary care have avoided the conséquences of the defendant's negligence, he is entitled to recover ; Davits v. Man», 10 M. Se...

The Legal Observer, Or, Journal of Jurisprudence, Τόμος 30

1845 - 556 σελίδες
...occurred, but the Addenda contains the following : — " The general rule of law as to negligence is, that although there may have been negligence on the...entitled to recover ; if by ordinary care he might hare avoided them, he is the author of his own wrong. (Butterfield v. Forrester, 11 Substitute for...

A Selection of Legal Maxims, Classified and Illustrated

Herbert Broom - 1845 - 544 σελίδες
...Midge v. Goodwin, 5 C. & P. 190. avoided 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 as the author of his own wrong (g). Ordinary care, it has, moreover, been observed,...




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