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" One person being in fault will not dispense with another's using ordinary care for himself. Two things must concur to support this action — an obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part... "
A Digest of the Law of Actions and Trials at Nisi Prius - Σελίδα 105
των Isaac 'Espinasse - 1812
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Reports of Civil and Criminal Cases Decided by the Court ..., Τόμος 22;Τόμος 129

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1909 - 952 σελίδες
...concur to support this action — an obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff." The doctrine announced by the learned judge in this opinion is recognized as the correct rule, and has...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 2

Great Britain. Court of King's Bench, Sir Edward Hyde East - 1810 - 756 σελίδες
...muft concur to fupport this a£lion, an obftru&ion in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff. Per Curiam, Rule refufed. (a) The book cites Cartb. 194. and 451. in the margin, which reftrmeet do...

Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Τόμος 2

United States. Supreme Court - 1817 - 584 σελίδες
...must concur to support the action : an obstruction in the road by the fault of the defendant, and no want of ordinary care, to avoid it, on the part of the plaintiff. Upon the a 2 Z,w. 196. 6 11 JEiwt,60. 1817. principle of these cases, the appellant is exempted v-*"v"^>...

Reports of Cases Argued and Determined in the Courts of Common ..., Τόμος 1

Great Britain. Court of Common Pleas, John Bayly Moore - 1818 - 636 σελίδες
...must concur to support this action ; an obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff. Here those two things do concur, the wilful erection of these spear? by the defendant, for an unlawful...

The Justice of the Peace, and Parish Officer, Τόμος 3

Richard Burn - 1820 - 834 σελίδες
...must concur to support this action, an obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff. Brewhouse, It hath been holden, that it is no common nuisance to make yard glasshouse, hog- candles...

Reports of Cases Argued and Determined in the Supreme Court of Alabama, Τόμος 3

Alabama. Supreme Court, George Noble Stewart - 1835 - 526 σελίδες
...must concur, to support this action: an obstruction in the road, by the fault of the defendant, and no want of ordinary care, to avoid it, on the part of the plaintiff." To the same effect is the law cited,* where it is said, that "if WWheat's^16 immed>ate and proximate...

Reports of Cases Argued and Determined in the Supreme Court and in ..., Τόμος 6

Esek Cowen, New York (State). Supreme Court - 1837 - 826 σελίδες
...concur, to support this action; an obstruction in the road, by the fault of the defendant ; and no want of ordinary care to avoid it, on the part of the plaintiff." And he instances the case of persons travelling upon what is considered the wrougsideof the road ;...

Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1841 - 922 σελίδες
...concur to support this action — an obstruction in the road by the fault of the defendant — and no want of ordinary care to avoid it on the part of the plaintiff." That doctrine precisely applies to this case. But I am not satisfied that the jury have in this case...

The Law Times, Τόμος 25

1855 - 790 σελίδες
...must concur to support this action, an obstruction in the road by the fault of the defendant anil no want of ordinary care to avoid it on the part of the plaintiff.1' Any ordinary person going there would have seen the crossing, but the plaintiff was running,...

A Treatise of the Law Relative to Merchant Ships and Seamen: In Five Parts

Charles Abbott (Baron Tenterden) - 1846 - 1088 σελίδες
...Two things must concur to support this action, — a collision by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff (a). In an action on the case for running down a ship, it appeared that the defendant's ship had the...




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