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" It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so... "
Albany Law Journal - Page 253
1885
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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 - 1833
...also in the same connection, the result depends upon the facts. The question in such cases is : (i) Whether the damage was occasioned entirely by the...negligence or improper conduct of the defendant ; or (2) whether the plaintiff himself so far contributed to the misfortune, by his own negligence, or want...
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Connecticut Reports: Containing Cases Argued and Determined in ..., Volume 59

Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1891
...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...
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A Treatise on the Law of Master and Servant: Including Therein Masters and ...

Charles Manley Smith - Electronic book - 1860 - 560 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 by the...misfortune by his own negligence or want of ordinary and common care and caution, that bul forsucb negligence or want of ordinary care and caution on his...
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Irish Chancery Reports: Being a Series of Reports of Cases Argued and ...

Ireland. High Court of Chancery - Law reports, digests, etc - 1861
...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...
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A Treatise on the Law of Reparation

John Guthrie Smith - Damages - 1864 - 575 pages
...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...
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volume 12

John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1865
...that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the...misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 50

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - Law reports, digests, etc - 1868 - 928 pages
...the proper question to be left to the jury is that laid down in Tuff v. Wurman. 5 CB, NS 585, viz., whether the damage was occasioned entirely by the...misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 50

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - Law reports, digests, etc - 1868 - 928 pages
...us that the proper question for the jury in this, and indeed in all other cases of the hke kind, is, whether the damage was occasioned entirely by the...whether the Plaintiff himself so far contributed to the raUfortune by his own negligence or want of ordinary and common care and caution, that, but for such...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 104

Great Britain. Bail Court - Law reports, digests, etc - 1870
...that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the...misfortune by his own negligence or want of ordinary and common care and caution that, but for such negligence or want of ordinary care and caution on his...
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A Treatise on the Rules for the Selection of the Parties to an Action

Albert Venn Dicey - Parties to actions - 1870 - 545 pages
...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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