 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 and common care and caution, that, but for such negligence or want of ordinary...  English Reports Annotated, 1866-1900 - Page 2732edited by - 1866Full view - About this book
 | Law - 1858 - 250 pages
...side, the proper qestion for the jury is whether the damage was occasioned entirely by the negligence of the defendant, or whether the plaintiff himself so far contributed to the injury by his own negligence or want of ordinary care, that but for such negligence or want of care... | |
 | Charles Manley Smith - Labor laws and legislation - 1860 - 622 pages
...said: — "The proper question for the jury in canes of this kind is, whether the damage was occasioned entirely by the negligence or improper conduct of...want of ordinary care and caution on his part the mi-fortune would not have happened. In tlie first case tlie plaintiff would be entitled to recover;... | |
 | John Guthrie Smith - Damages - 1864 - 590 pages
...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 or want of ordinary care and caution, that, but for such negligence or want of ordinary care and caution on his part, the... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1865 - 534 pages
...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...his part, the misfortune would not have happened. In the first case, the plaintiff would be entitled to recover, in the latter, not; as, but for his... | |
 | Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - Law reports, digests, etc - 1868 - 1038 pages
...the jury is that laid down in Tuff v. Warman. 5 CB, NS 585, viz., whether the damage was occasioned entirely by the negligence or improper conduct of...his part, the misfortune would not have happened. Walton v. The London, Brighton and South Coast Railway Company. Page 424 VI. In an action for negligence,... | |
 | Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - Law reports, digests, etc - 1868 - 972 pages
...the jury is that laid down in Tuff-v. Warman, 5 CB, NS 585, viz., whether the damage was occasioned entirely by the negligence or improper conduct of...want of ordinary and common care and caution, that, bat for such negligence or want of ordinary care and caution on his part, the misfortune would not... | |
 | Great Britain. Court of Exchequer - Law reports, digests, etc - 1868 - 778 pages
...whether the injury was occasioned entirely by the negligence or improper conduct of the defendants, or whether the plaintiff himself so far contributed...misfortune by his own negligence, or want of ordinary or common care and caution, that, but for such negligence or want of ordinary care and caution on his... | |
 | Great Britain. Courts - Law reports, digests, etc - 1870 - 564 pages
...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...his part, the misfortune would not have happened. In the first case, the plaintiff would be entitled to recover, in the latter not; as, but for his own... | |
 | Great Britain. Courts - Law reports, digests, etc - 1870 - 540 pages
...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...and caution that, but for such negligence or want of ordinarycare and caution on his part, the misfortune would not have happened. In the first case, the... | |
 | Albert Venn Dicey - Parties to actions - 1870 - 582 pages
...avoided them, he is the author of his own wrong" (h). "The question is whether the damage was occasioned entirely by the negligence or improper 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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