 Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he...  A Treatise Upon the Law Applicable to Negligence - Page 62by Thomas William Saunders - 1871 - 269 pagesFull view - About this book
 | Benjamin Russell, M.A. - 1880 - 678 pages
...Co., 3 M. & W., 242 ; PARK, B., said ; " Although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise of ordinary care have avoided the consequence of the defendants' negligence, he is entitled to recover ; if, by ordinary care, he might... | |
 | Horace Smith - Employers' liability - 1880 - 300 pages
...may prove that the plaintiff, by his own act, contributed to cause the injury, and that the plaintiff might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence. But such proof is not in itself sufficient to destroy the plaintiff's claim,... | |
 | Law - 1880 - 920 pages
...the plaintiff has been guilty of negligence contributing to the injury, yet if the defendant could, by the exercise of ordinary care, have avoided the consequences of the plaintiff's negligence, the jury must find for the plaintiff.' 2. Defendant's Instruction. — Although... | |
 | George Henry Hewitt Oliphant - Horses - 1882 - 724 pages
...case of Buttcrfield v. Forrester («),that although there may have been Negligence on the part of the plaintiff, yet unless he might by the exercise of ordinary care have avoided the consequence of the defendant's Negligence, he is entitled to recover. But if by ordinary care he might... | |
 | Nova Scotia. Supreme Court - Law reports, digests, etc - 1883 - 612 pages
...3, Mee. & W., 244, Park, B., said, — "Although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of...recover ; if, by ordinary care he might have avoided it, he is the author of his own wrong." In Peppy v. The Great Western Railway Co., LR, 5, CP, 461 n.... | |
 | Simon Greenleaf, Simon Greenleaf Croswell - Evidence (Law) - 1883 - 784 pages
...negligence, where the rule is, that, though there may have been negligence on the part of the plaiutiff, yet, unless he might, by the exercise of ordinary care, have avoided the consequence of the defendant's negligence, he is entitled to recover ; but if, by ordinary care, ho... | |
 | 1884 - 602 pages
...and the general doctrine is that, although there may have been negligence on the part of the patient, yet, unless he might by the exercise of ordinary care have avoided the consequences of the physician's negligence, he is entitled to recover ; but. if by ordinary care he might have avoided... | |
 | Robert Vashon Rogers - Dentistry - 1884 - 240 pages
...of contributory negligence is this, that although there may have been negligence on the part of the plaintiff, yet, unless he might, by the exercise of ordinary care, have avoided the consequence of the defendant's negligence, he is entitled to recover ; if, by ordinary care, he might... | |
 | Law reports, digests, etc - 1894 - 1170 pages
...incautiously gotten upon the track of defendant's road, yet if he could not, at the time of the collision, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, assuming that there was such, the right to recover exists. If, however, by... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1885 - 724 pages
...of law respecting negligence is, ''that although there may have been negligence on the part of the plaintiff, yet, unless he might, by the exercise of ordinary care, have avoided the consequence of the defendant's negligence, he is entitled to recover. Therefore, where the defendant... | |
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