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
| Law reports, digests, etc - 1891 - 1246 pages
...and applied by this court is that, if the plaintiff sofarcontributed to the injury complained of oy his own negligence or want of ordinary or common care and caution that hut for his concurring and co-operating fault the injury would not have occurred, lie cannot recover.... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1888 - 692 pages
...Justice in Turrentine v. The Railroad, 92 NC, 638. It is there said that the 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 and want of ordinary care and caution on... | |
| Thomas McIntyre Cooley - Torts - 1888 - 1060 pages
...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...whether the plaintiff himself so far contributed to the misfortnne by his own negligence or want of ordinary or common care and caution, that but for such... | |
| Law reports, digests, etc - 1888 - 912 pages
...ordinarily have done, or in doing what he would not have done. The question in such cases is: First, whether the damage was occasioned entirely by the negligence or improper conduct of the defendants; or, second, whether the plaintiff himself so far contributed to the misfortune, by his... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1889 - 1018 pages
...court of the United States as follows: — " The question in such cases is: 1. Whether the damage is 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... | |
| Frederick Pollock - Torts - 1890 - 694 pages
...Chamber. In the considered judgment on appeal (//) it is said 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 care and caution on his... | |
| Law reports, digests, etc - 1890 - 1144 pages
...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. In the first case the plaintiff would... | |
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