| 1833 - 874 páginas
...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... | |
| 1897 - 518 páginas
...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 part...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,... | |
| Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1838 - 828 páginas
...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 part...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,... | |
| Ireland. Court of King's Bench - 1850 - 646 páginas
...the defendants' negligence." In a note to Raisin v. Mitchell (b) the result is thus stated, that " although there may have been " negligence on the part...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,... | |
| Great Britain. Court of Exchequer - 1840 - 554 páginas
...plaintiff's negligence. In Butterfield v. Forrester («'), Lord Ellenborough states the rule to be, that although there may have been negligence on the part...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,... | |
| Great Britain. Court of Common Pleas, John Scott - 1841 - 922 páginas
...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 the part...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,... | |
| William Selwyn - 1842 - 822 páginas
...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 part...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,... | |
| Archibald John Stephens - 1842 - 998 páginas
...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 part...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,... | |
| 1843 - 534 páginas
...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... | |
| 1844 - 510 páginas
...NEGLIGENCE. (In driving, ichen actionable.) The general rule of law respecting negligence is, that although there may have been negligence on the part...ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove... | |
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