 Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he...  A Treatise Upon the Law Applicable to Negligence - Page 62by Thomas William Saunders - 1871 - 269 pagesFull view - About this book
 | Encyclopedias and dictionaries - 1833 - 874 pages
...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... | |
 | Law reports, digests, etc - 1897 - 518 pages
...proposition established by those cases is that, although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise of...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 - Law reports, digests, etc - 1838 - 828 pages
...Butterfield v. Forrester: and that rule is, that, although there may have been negligence on the part of the plaintiff, yet, unless he might, by the exercise of...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 - Law reports, digests, etc - 1850 - 646 pages
...(b) the result is thus stated, that " although there may have been " negligence on the part 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 ; if by ordinary "care he might have avoided them,... | |
 | Great Britain. Court of Exchequer - Law reports, digests, etc - 1840 - 554 pages
...Ellenborough states the rule to be, that although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise of...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 - Law reports, digests, etc - 1841 - 922 pages
...Forrester, 11 East, 60; and that rule is, that, although there may have been, negligence on the part of the plaintiff, yet, unless he might, by the exercise of...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 - Arbitration and award - 1842 - 998 pages
...v. Forrester (11), and that rule is, that although there may have been negligence on the part of the plaintiff, yet, unless he might, by the exercise of...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 - Nisi prius - 1842 - 822 pages
...entitled to recover ; for the rule is, that although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise of...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,... | |
 | Law - 1843 - 534 pages
...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 of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove... | |
 | John Simcoe Saunders - Civil procedure - 1844 - 594 pages
...rule of law respecting negligence is, that although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise of...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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