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" I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, II East, 60, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise... "
The Law Reports. Court of Exchequer: From Michaelmas Term, 1865, to Trinity ... - Σελίδα 53
των Great Britain. Court of Exchequer - 1875
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

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...

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...defendants' negligence, he is entitled to recover. From what I have found as to the negligence of the master of the Altair it follows, in my opinion,...

Reports of Cases Argued and Determined in the Courts of Exchequer ..., Τόμος 3

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1838 - 828 σελίδες
...law is laid down with perfect correctness in the case of Butterfield v. Forrester: and that rule is, that, although there may have been negligence on the...ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,...

Irish Law Reports: Particularly of Points of Practice, Argued and ..., Τόμος 12

Ireland. Court of King's Bench - 1850 - 646 σελίδες
...consequences " of the defendants' negligence." In a note to Raisin v. Mitchell (b) the result is thus stated, that " although there may have been " negligence on...ordinary care have avoided the consequences of " the defendant's negligence, he is entitled to recover ; if by ordinary "care he might have avoided them,...

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
...down with perfect correctness in the case of Butterfield v. Forrester, 11 East, 60; and that rule is, that, although there may have been, negligence on...ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,...

An Abridgment of the Law of Nisi Prius, Τόμος 2

William Selwyn - 1842 - 822 σελίδες
...been negligence in both parties, and yet the plaintiff may be entitled to recover ; for the rule is, that although there may have been negligence on the...ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,...

The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Τόμος 3

Archibald John Stephens - 1842 - 998 σελίδες
...Baron Parke said, " The rule of law is laid do« in Butterfield v. Forrester (11), and that rule is, that although there may have been negligence on the...ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,...

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...ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove...

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...ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove...

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-...ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided this,...




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