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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 and common care and caution, that, but... "
Reports of Cases in the Supreme Court of Appeals of Virginia - Σελίδα 920
των Virginia. Supreme Court of Appeals - 1880
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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
...by his own neglect, or want of ordinary care and caution, as that, but for such neglect or want of care and caution on his part, the misfortune would not have happened, lie is not entitled to recover. This latter rule is not applicable in a case where the proximate cause...

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

Connecticut. Supreme Court of Errors - 1891 - 662 σελίδες
...by his own negligence or want of ordinary care and caution, that but for such negligence or want of care and caution on his part the misfortune would...happened. In the former case the plaintiff is entitled to recovery. In the later he is not." The facts in the case at bar are very much like those in that case,...

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

Charles Manley Smith - 1860 - 622 σελίδες
...misfortune by his own negligence or want of ordinary and common care and caution, that bul forsucb negligence or want of ordinary care and caution on...part the misfortune would not have happened. In the first case the plaintiff would be entitled to recover; in the latter, not, as but for his own misconduct...

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

Ireland. High Court of Chancery - 1861 - 652 σελίδες
...himself so far contributed to the misfortune, by his own " negligence or want of ordinary and common care and caution, that, " but for such negligence...part, the misfortune would not have happened ? In the first case, " the plaintiff would be entitled to recover, in the latter not ; as, but " for his own...

A Treatise on the Law of Reparation

John Guthrie Smith - 1864 - 590 σελίδες
...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...caution on his part, the misfortune would not have occurred. In the first case the pursuer may recover ; in the latter not, as but for his own misconduct...

Cases Argued and Determined in the Court of Common Pleas and in ..., Τόμος 12

John Scott, Great Britain. Court of Common Pleas - 1865 - 534 σελίδες
...plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or...part, the misfortune would not have happened. In the first case, the plaintiff would be entitled to recover, in the latter, not ; as, but for his own fault,...

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
...contributed to butory nrgli- damage was occasioned entirely by the negligence or improper 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...

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

North Carolina. Supreme Court - 1887 - 724 σελίδες
...negligence or want of ordinary and 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 the first branch of the proposition to be the truth. then you will answer the issue...

Albany Law Journal, Τόμος 24

1881 - 572 σελίδες
...on his part. If the deceased so far contributed to the misfortune by his own negligence or want of care and caution, that but for such negligence or...his part, the misfortune would not have happened, the plaintiff cannot recover. Dickey v. Maine Telegraph Co., 43 Me. 496. The plaintiff must show that...

Albany Law Journal, Τόμος 24

1881 - 572 σελίδες
...on his part. If the deceased so far contributed to the misfortune by his own negligence or want of care and caution, that but for such negligence or want of ordinary care and caution on bis part, the misfortune would not have happened, the plaintiff cannot recover. Dickey v. Maine Telegraph...




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