| 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... | |
| 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. 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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. 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. 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... | |
| 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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