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" But there is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet... "
The Southern Law Review: And Chart of the Southern Law and Collection Union - Page 846
1880
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Albany Law Journal, Volume 37

Law - 1888
...plaintiff may have been guilty of negligence, and although that negligence may in fact have contributed to the accident, yet if the defendant could in the...the plaintiff's negligence will not excuse him. This qualification was clearly stated in the case of Tuff v. Warman, 5 CB (NS) 573, so often referred to,...
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Albany Law Journal, Volume 30

Law - 1885
...guilty of negligence, and such negligence may, in fact, have remotely contributed to the production of the accident, yet if the defendant could, in the result, by the exercise of reasonable care and diligence, in view of the circumstances of the case, have avoided the accident,...
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The Law Magazine and Review: For Both Branches of the Legal Profession at ...

Law - 1899
...plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet, if the defendant could in the...law, cannot be questioned. It was decided in the case oiDavies v. Mann (10 M. & W. 546), supported in that of Tuff v. Warman (5 CBNS 573), and other cases,...
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The Law Reports: Appeal cases before the House of Lords (English ..., Volume 1

Charles Clark, Great Britain. Parliament. House of Lords - Law reports, digests, etc - 1876
...Co. may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the Defendant could in the result, by the exercise of ordinary care and diligeuce, have avoided the mischief which happened, the Plaintiff's negligence will not excuse him....
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 4

Law reports, digests, etc - 1877
...plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the...happened, the plaintiff's negligence will not excuse him. Chamber reversed, and new trial ordered. Opinion by Lord Pe.nzn.nce ; the Lord Chancellor and Lords...
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Reports of cases argued and determined in the Supreme court of New ..., Volume 5

John Campbell Allen - 1878
...plaintiff may have been guilty <?{ negligence, and though that negligence may, in fact have contributed to the accident, yet if the defendant could in the...diligence, have avoided the mischief which happened, the plaintifl-'s negligence would not excuse him. — REPORTER. ANSLEY against THE ALBERT MINING COMPANY....
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Pollock's Practice of the County Courts: With the Decisions of the ..., Page 776

Charles Edward Pollock - Civil procedure - 1880 - 983 pages
...although that negligence may in fact have contributed to the accident which is the subject of the action, yet if the defendant could in the result, by the exercise...happened, the plaintiff's negligence will not excuse him (x). The plaintiff must prove negligence upon the part of Master and the defendant, or if the act be...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 72

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1880
...plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care ami diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse...
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Cases Argued and Determined in the Supreme Court

Benjamin Russell, M.A. - 1880
...although the negligence may in fact have contributed to the accident which is the subject of the action, yet if the defendant could, in the result, by the exercise of care, have avoided the mischief, the plaintiff's negligence will not excuse him." Following this last...
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Cases Argued and Determined in the Supreme Court of Nova Scotia ..., Volume 3

1880 - 610 pages
...although the negligence may in fact have contributed to the accident which is the subject of the action, yet if the defendant could, in the result, by the exercise of care, have avoided the mischief, the plaintiff's negligence will not excuse him." Following this last...
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