 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 - 1896 - 1180 pages
...whether the 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 Avant of ordinary care and caution, that, but for such negligence or want of care and caution on his... | |
 | Law reports, digests, etc - 1896 - 1164 pages
...also, In the same connection, the result depends upon the facts. The questions In such case are: (1) Whether the damage was occasioned entirely by the negligence or Improper conduct of the defendant; (2) whether the plaintiff himself so far contributed to the misfortune, by his own negligence or want... | |
 | Newfoundland. Supreme Court - Law reports, digests, etc - 1897 - 1028 pages
...J., said the proper question for the jury in this case, and indeed in all cases of the like kind, is whether the damage was occasioned entirely by the...misfortune by his own negligence or want of ordinary and common care on his part, the misfortune would not have happened. In the first place the plaintiff... | |
 | Norman Fetter - Carriers - 1897 - 888 pages
...also in the same connection, the result depends upon the facts. The question in such cases is: (1) Whether the damage was occasioned entirely by the...negligence or Improper conduct of the defendant; or (2) whether the plaintiff himself so far contributed lo the misfortune by his own negligence, or want... | |
 | Arthur Robinson - Employers' liability - 1898 - 164 pages
...of the defendant, the plaintiff has been guilty of negligence, the question for the jury will be — 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... | |
 | John Mews - Law reports, digests, etc - 1898 - 858 pages
...recover. Ib. In all cases of collision, the question is whether the disaster was occasioned wholly by the negligence or improper conduct of the defendant,...whether the plaintiff himself so far contributed to the disaster by his own negligence, or want of ordinary and common care, that but for his default in this... | |
 | Law reports, digests, etc - 1897 - 1016 pages
...plaintiff cannot recover for an injury, although the defendant was guilty of negligence, if it appears that the plaintiff 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... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1899 - 1352 pages
...plaintiff herself so far contributed to the misfortune, by her own negligence, or want of ordinary and common care and caution, that but for such negligence or want of ordinary care and caution on her part, the misfortune would not have happened, — that in the first case the f laintifi"... | |
 | George Park Fisher, George Burton Adams, Henry Walcott Farnam, Arthur Twining Hadley, John Christopher Schwab, William Fremont Blackman, Edward Gaylord Bourne, Irving Fisher, Henry Crosby Emery, Wilbur Lucius Cross - American literature - 1899 - 506 pages
...common law. A plaintiff in such cases is entitled to no relief. The question is, whether the plaintiff so far contributed to the misfortune by his own negligence, or want of ordinary care or caution, that but therefor the misfortune would not have happened. If so, there can be no recovery.... | |
 | George Park Fisher, George Burton Adams, Henry Walcott Farnam, Arthur Twining Hadley, John Christopher Schwab, William Fremont Blackman, Edward Gaylord Bourne, Irving Fisher, Henry Crosby Emery, Wilbur Lucius Cross - American literature - 1899 - 496 pages
...common law. A plaintiff in such cases is entitled to no relief. The question is, whether the plaintiff so far contributed to the misfortune by his own negligence, or want of ordinary care or caution, that but therefor the misfortune would not have happened. If so, there can be no recovery.... | |
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