 Although the defendant's negligence may have been the primary cause of the injury complained of, yet an action for such injury cannot be maintained if the proximate and immediate cause of the injury can be traced to the want of ordinary care and caution...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 233by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894Full view - About this book
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1916 - 804 pages
...to expect the other to exercise due care at such places, and if you should find the defendant Mitts' negligence may have been the primary cause of the...such injury cannot be maintained, if the proximate cause of the injury can be traced to the want of ordinary care and caution in the person injured or... | |
 | Law reports, digests, etc - 1900 - 2044 pages
...Co. v. Ives, 144 US 408, 429, 12 Sup. Ct. C87: 'Although the defendant's negligence may have been tlw primary cause of the injury complained of, yet an...up in recent years (having been first enunciated in Dnvles v. Mann, 10 Mees. & W. 54G), that the contributory negligence of the party injured will not... | |
 | Law reports, digests, etc - 1908 - 1118 pages
...circumstances." In Grand Trunk Railway Co. v. Ives, 144 US 408, 12 Sup. Ct. 679, 36 L. Ed. 485, the court said : "Although the defendant's negligence may have been...of the injury complained of, yet an action for such an injury cannot be maintained if the proximate and immediate cause of the injury can be traced to... | |
 | Law reports, digests, etc - 1886 - 834 pages
...and affirmed by the court. The established doctrine now is, that although the defendant's misconduct may have been the primary cause of the injury complained of, yet the plaintiff can not recover in an action of this kind, if the proximate and immediate cause of the... | |
 | Law reports, digests, etc - 1903 - 1240 pages
...rule of law applicable to actions In which the defense is contributory negligence may be thus stated: Although the defendant's negligence may have been...qualification, which has grown up in recent years— having first been enunciated in Davies v..Mann, 10 M. & W. 540— that the contributory negligence of the... | |
 | Law reports, digests, etc - 1901 - 1044 pages
...and authorities cited; and Railway Co. v. Ivés, 144 US 408, 12 Sup. Ct 679, 36 L. Ed. 485,— that "If the proximate and Immediate cause of the 'injury...of ordinary care and caution In the person Injured, an action for the injury cannot be maintained unless it further appear that the defendant might, by... | |
 | United States. Supreme Court - Law reports, digests, etc - 1892 - 760 pages
...person injured was guilty of contributory negligence is a question of fact for the jury. In such case if the proximate and immediate cause of the injury...of ordinary care and caution in the person injured, an action for the injury cannot be maintained unless it further appear that the defendant might, by... | |
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