 It appears to us that the proper question for the 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 the defendant, or whether the plaintiff himself so...  Albany Law Journal - Page 2511885Full view - About this book
 | New York Chamber of Commerce - Commerce - 1880 - 524 pages
...the action of the water. It has often been decided that a plaintiff cannot recover damages if he has 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 care and caution on his part the misfortune... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1880 - 964 pages
...in the same connection, the result depends on the facts. The question in such cases is : 1. Whether damage was occasioned entirely by the negligence or improper conduct of the defendant ; or, 2. Whether the plaintiff himself so far contributed to the misfortune by his own negligence or want... | |
 | Joseph Story, Charles Pelham Greenough - Agency (Law) - 1882 - 730 pages
...matter is stated in Tuff c. Warman, 5 CBN s. 573, as follows: " The proper question for the jury is, whether the damage was occasioned entirely by 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... | |
 | George Henry Hewitt Oliphant - Horses - 1882 - 724 pages
...judgment of the Exchequer Chamber : — " It appears to us that the proper question for the Jury is, whether the damage was occasioned entirely by the...misfortune by his own negligence, or want of ordinary and common care and caution, that but for such negligence or want of ordinary and common care and caution... | |
 | Edmond Robert Turner - Agency (Law) - 1882 - 210 pages
...us that the proper question for the 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 (It) Tuff v. Wurman, 5 CBN s. 573, 585 ; 27 LJCP 322. See too the rule similarly laid down by Parke,... | |
 | Law - 1882 - 692 pages
...Tuff v. Warman, 5 CBN S. 585, Wightman, J., made these remarks, saying the question for the jury was "whether the damage was occasioned entirely by the negligence or improper conduct, or whether the plaintiff so far contributed to the misfortune by his own want of ordinary care, that... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1883 - 890 pages
...is not disputed. When the defense is contributory negligence, the proper question for the jury is, whether the damage was occasioned entirely by the...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 plaintiff would... | |
 | James Kent - Law - 1884 - 730 pages
...Contributory Negligence. — The settled form of question for the jury in the common-law courts in England is, whether the damage was occasioned entirely by the...misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary i> The text and note... | |
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