 ... 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 care and caution on his part, the misfortune would not have happened.  A Treatise on the Law of Carriers of Passengers - Page 301by Norman Fetter - 1897 - 1693 pagesFull view - About this book
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1833 - 812 pages
...the disaster by his own neglect, or want of ordinary care and caution, as that, but for such neglect or want of care and caution on his part, the misfortune would not have happened, lie is not entitled to recover. This latter rule is not applicable in a case where the proximate cause... | |
 | Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1891 - 662 pages
...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 of ordinary...happened. In the former case the plaintiff is entitled to recovery. In the later he is not." The facts in the case at bar are very much like those in that case,... | |
 | Charles Manley Smith - Labor laws and legislation - 1860 - 622 pages
...negligence or 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 happened. In the first case the plaintiff would be entitled to recover; in the latter, not, as but for his own misconduct... | |
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1861 - 652 pages
...or want of ordinary and common care and caution, that, " but for such negligence or want of ordinary care and caution on 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... | |
 | John Guthrie Smith - Damages - 1864 - 590 pages
...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...caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have occurred. In the first case the... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1865 - 534 pages
...or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on 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 fault,... | |
 | Law - 1868 - 654 pages
...not fencing, they must determine whether plaintiff did or did not so far contribute to tho accident by his own negligence or want of ordinary care and...caution, that but for such negligence or want of care, the accident would not have happened : Ilelil, thut this direction was right. But afterwards, at the... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1887 - 724 pages
...negligence or want of ordinary and 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 the first branch of the proposition to be the truth. then you will answer the issue... | |
 | Law - 1885 - 550 pages
...want of ordinary or common care and caution, that but for such negligence or want of ordinary care or caution on 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 fault... | |
| |
