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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... "
Reports of Decisions in the Supreme Court of the United States : [1790-1854] - Σελίδα 414
των United States. Supreme Court, Benjamin Robbins Curtis - 1870
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Lawyers' Reports Annotated, Βιβλίο 24

1894 - 922 σελίδες
...be the wrong side of (he road, that would not authorize another purposely to ride up against them. One person being in fault will not dispense with another's using ordinary care for himself," — which is a statement of the rule by giving an illustration, and implied I y of the principle which...

American Negligence Cases: A Complete Collection of All Reported ..., Τόμος 7

1897 - 830 σελίδες
...plaintiff's contributory negliavoided the accident by the exercise of gence. due care and diligence. One person being in fault will not dispense with another's using ordinary care for himself." The learned trial judge apparently assumed that, although the plaintiff had been negligent in attempting...

Cases on Torts: Selected and Arranged for the Use of Law Students in ...

Francis Marion Burdick - 1895 - 628 σελίδες
...new trial, Lord Ellenborough, in the King's Bench, tersely stated the principle in these words : " 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, and no want of ordinary...

The Southern Reporter, Τόμος 21

1897 - 1068 σελίδες
...and avail himself of it, If he do not himself use common and ordinary care to be In the right * * * 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...

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

1897 - 854 σελίδες
...and avail himself of it, if he do not himself use common and ordinary care to be in the right. * * * 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,...

A Treatise on the Law of Carriers of Passengers, Τόμος 1

Norman Fetter - 1897 - 888 σελίδες
...highway, Lord Chief Justice Ellenborough, in a remarkably terse and lucid charge to the jury, said : "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,...

The American and English Encyclopaedia of Law, Τόμος 7

David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - 1898 - 1208 σελίδες
...be the wrong side of the road, that would not authorize another purposely to ride up against them. 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,...

The Western Reserve Law Journal, Τόμος 2

1900 - 322 σελίδες
...v. Forrester, it East, 60, it was decided by Lord Ellenborough, in the court of King's Bench, that "one person being in fault will not dispense with another's using ordinary care for himself," it has been an unquestioned rule of the Common Law that in any action of negligence where the plaintiff...

Fifteen Decisive Battles of the Law: Being a Study of Some Leading Cases in ...

Ernest Arthur Jelf - 1903 - 140 σελίδες
...be the wrong side of the road, that would not authorise another purposely to ride up against them. One person being in fault will not dispense with another's using ordinary care himself. Two things must concur to support this action — (1) an obstruction in the road by the fault...

Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Τόμος 54

United States. Supreme Court - 1905 - 794 σελίδες
...effort, *in the emergency, within r*.,nq his power, from due exercise of skill and good seaman- L ship, to avoid, if possible, the impending calamity. Upon...not dispense with another's using ordinary care for himself.i And, undoubtedly, if a state of facts had been shown in this case, arising out of the circumstances...




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