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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 Southern Reporter, Τόμος 20

1897 - 1054 σελίδες
...misfortune by his own negligence, or want of care and caution, that, but for such negligence or want of care and caution on his part, the misfortune would not have happened," (5) "If the Jury believe from the evidence that the plaintiff, McDonald, stepped off the car after...

A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of ...

Thomas McIntyre Cooley - 1888 - 1060 σελίδες
...plaintiff himself so far contributed to the misfortnne by his own negligence or want of ordinary or 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,...

North Carolina Reports: Cases Argued and Determined in the Supreme ..., Τόμος 99

North Carolina. Supreme Court - 1888 - 692 σελίδες
...his own negligence or want of ordinary and common care and caution, that but for such negligence and want of ordinary care and caution on his part, the misfortune would not have happened? " In the first place the plaintiff would bo entitled to recover, in the latter not, as but for his own fault...

Federal Decisions: Cases Argued and Determined in the Supreme ..., Τόμος 28

1888 - 912 σελίδες
...same connection, the result depends upon the facts. The question in such cases is (1) whether tlie damage was occasioned entirely by the negligence or...on his part the misfortune would not have happened. Bait. & PR Co. v. Jones,* 10 Ch. Leg. N.. 121. g 77. A plaintiff who was injured while riding on the...

The American State Reports: Containing the Cases of General Value ..., Τόμος 8

Abraham Clark Freeman - 1889 - 1012 σελίδες
...misfortune by his own negligence or want of personal care and caution that, but for said neglect or want of care and caution on his part, the misfortune would...happened. In the former case the plaintiff is entitled to recovery, and in the latter he is not": Railroad Co. v. Jones, 95 US 441. The same doctrine is fully...

The Southeastern Reporter, Τόμος 10

1890 - 1144 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,...

The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - 1890 - 694 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...his part, the misfortune would not have happened." But negligence will not disentitle the plaintiff to recover, unless it be such that without it the...

United States Reports: Cases Adjudged in the Supreme Court at ..., Τόμος 139

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1891 - 782 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 not have happened,'' he could not recover. So, in Railroad Co. v. Houston, 95 US 697, 702, which was an action for damages...

United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1891 - 860 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 not have happened," he could not recover. So, in Railroad Co. v. Houston, 95 US 697, 702, which was an action for damages...

The Southeastern Reporter, Τόμος 14

1892 - 1128 σελίδες
...own negligence or want of ordinary and common саге and caution, thnt but for such negligence and want of ordinary care and caution on his part the misfortune would not have happened. In the first cuse the plaintiff would be entitled to recover; in the latter, not, as but for his own fault...




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