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" Although the defendant's negligence may have been the primary cause of the Injury complained of, yet an action for such injury cannot be maintained If the proximate and Immediate cause of the Injury can be traced to the want of ordinary care and caution... "
Reports of Cases Adjudged in the Court of Appeals of the District of Columbia - Page 177
by District of Columbia. Court of Appeals - 1894
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 6

Maryland. Court of Appeals, Richard W. Gill, Oliver Miller - Law reports, digests, etc - 1852 - 604 pages
...and affirmed by the court. The established doctrine now is, that although the defendant's misconduct may have been the primary cause of the injury complained of, yet the plaintiff cannot recover in an action of this kind, if the proximate and immediate cause of the...
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United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ...

United States. Supreme Court - Law reports, digests, etc - 1892 - 760 pages
...rule of law applicable to actions in which the defence is contributory negligence may be thus stated : Although the defendant's negligence may have been...in recent years, (having been first enunciated in Daisies v. Mann, 10 M. & W. 546,) that the contributory negligence of the party injured will not defeat...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 144

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1892 - 760 pages
...person injured was guilty of contributory negligence is a question of fact for the jury. In such case if the proximate and immediate cause of the injury...of ordinary care and caution in the person injured, an action for the injury cannot be maintained unless it further appear that the defendant might, by...
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The American Decisions: Containing All the Cases of General Value ..., Volume 46

Law reports, digests, etc - 1886 - 834 pages
...and affirmed by the court. The established doctrine now is, that although the defendant's misconduct may have been the primary cause of the injury complained of, yet the plaintiff can not recover in an action of this kind, if the proximate and immediate cause of the...
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The American and English Encyclopedia of Law, Volume 4

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - Law - 1888 - 1042 pages
...Beach on Cont. Neg. § '9" The established doctrine now is, that, although the defendant's misconduct may have been the primary cause of the injury complained of, yet the plaintiff cannot recover in an action of this kind, if the proximate and immediate cause of the...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 144

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1892 - 770 pages
...rule of law applicable to actions in which the defence is contributory negligence may be thus stated : Although the defendant's negligence may have been...in recent years, (having been first enunciated in Dames v. Mann, 10 M. & W. 546,) that the contributory negligence of the party injured will not defeat...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1893 - 756 pages
...rule of law applicable to actions iu which the defence is contributory negligence may be thus stated : Although the defendant's negligence may have been...subject to this qualification, which has grown up iu recent years (having been first enunciated in Davies v. Maun, 10 Mees, ¿с W. 54ö), that the contributory...
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Negligence of Imposed Duties, Carriers of Passengers

Charles Andrew Ray - Carriers - 1893 - 914 pages
...rule of law applicable to actions in which the defense is contributory negligence may be thus stated : although the defendant's negligence may have been...be traced to the want of ordinary care and caution, iii the person injured; subject to this qualification, which has grown up in recent years,* that the...
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The Law of the Master's Liability for Injuries to Servant

William Francis Bailey - Employers' liability - 1894 - 674 pages
...rule of law applicable to actions in which the defense is contributory negligence may be thus stated: Although the defendant's negligence may have been...qualification, which has grown 'up in recent years: that the contributing negligence of the party injured will not defeat the action if it be shown that...
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Hand-book of the Law of Torts, Volume 2

Edwin Ames Jaggard - Torts - 1895 - 702 pages
...page 558, 130 TI. S., and page 053, 11 Sup. Ct., reviewing cases. Et vide 3 Harv. Law Rev. 2(>3. в'о if the proximate and immediate cause of the injury...traced to the want of ordinary care and caution in the persons injured, an action for the injury cannot be maintained unless it further appears that the defendant...
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