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" 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 251
1885
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 16

District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - Law reports, digests, etc - 1887 - 640 pages
...the plaintiff himself so far contributed to the accident by his own negligence or want of ordinary care and caution that, but for such negligence or want of ordinary care and caution on his part the accident would not have happened, the plaintiff cannot recover and the...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1887 - 736 pages
...the plaintiff himself so far contributed to the accident, by his own negligence or want of ordinaiy care and caution, that, but for such negligence or want of ordinary care and caution on his part the accident would not have happened, the plaintiff cannot recover and the...
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The Southwestern Reporter, Volume 16

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....
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 99

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...
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A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of ...

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...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 28

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...
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The American State Reports: Containing the Cases of General Value ..., Volume 8

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...
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The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

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...
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The Southeastern Reporter, Volume 10

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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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1891 - 758 pages
...and applied by this court is that, if the plaintiff so far contributed to the injury complained of by his own negligence or want of ordinary or common care and caution that but for his concurring and co-operating fault the injury would not have occurred, he cannot recover. Railroad...
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