 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 care and caution that but for such negligence...  A Treatise Upon the Law Applicable to Negligence - Page 61by Thomas William Saunders - 1871 - 269 pagesFull view - About this book
 | Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1891 - 662 pages
...also in the same connection, the result depends upon the facts. The question in such cases is 1st, whether the damage was occasioned entirely by the...negligence or improper conduct of the defendant ; or 2d, whether the plaintiff himself so far contributed to the misfortune by his own negligence or want... | |
 | Charles Manley Smith - Labor laws and legislation - 1860 - 622 pages
...Wightumn, J., in delivering judgment, said: — "The proper question for the jury in cases of this kind is, whether the damage was occasioned entirely...want of ordinary and common care and caution, that bul forsucb negligence or want of ordinary care and caution on his part the misfortune would not have... | |
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1861 - 652 pages
...proper SCOTT v " question for the jury in this case, and, indeed, in all others of the • D. AND w. " like kind, is, whether the damage was occasioned entirely by the " negligence or improper conduct of thj defendant, or whether the " plaintiff himself so far contributed to the misfortune, by his own... | |
 | John Guthrie Smith - Damages - 1864 - 590 pages
...de eo per quem fact, erit (2, 10), lex 3, § 3. such circumstances, the proper question for the jury is — whether the damage was occasioned entirely by the negligence or improper conduct of the defender, or whether the pursuer himself so far contributed to the misfortune by his own negligence... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1887 - 724 pages
...occasioned entirely by the negligence of the defendant, or did the plaintiff himself so far contribute to the misfortune by his own negligence or want of...common care and caution, that but for such negligence and want of common care and caution on his part, the misfortune would not have happened? If you believe... | |
 | Law - 1885 - 550 pages
...received by the deceased, and whether there was contributory negligence on the part of the deceased; whether the damage was occasioned entirely by the...misfortune by his own negligence or want of ordinary or common care and caution, that but for such negligence or want of ordinary care or caution on his... | |
 | Albert Venn Dicey - Parties to actions - 1870 - 582 pages
...by ordinary care he might have avoided them, he is the author of his own wrong" (h). "The question is whether the damage was occasioned entirely by the...conduct of the defendant, or whether the plaintiff so far contributed to the misfortune by his own negligence and want of care or caution, that but for... | |
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