 | John Fletcher Lacey - Railroad law - 1884 - 1404 pages
...to the accident which is the subject of the action, yet, if the defendant could, in the result, bj the exercise of ordinary care and diligence, have...happened, the plaintiff's negligence will not excuse him. A railway company was in the habit of taking full trucks from the siding of a colliery owner, and returning... | |
 | Canada law reports - 1884 - 772 pages
...plaintiff may have been guilty of negligence, and although that negligence may in fact have contributed to the accident, yet if the defendant could in the result by the exercise of ordinary care and negligence have avoided the accident which happened, the plaintiff's negligence will not excuse him.... | |
 | Sydney Hastings - Torts - 1885 - 532 pages
...that negligence may in fact have contributed to the accident, which is the subject of the action, yct if the defendant could, in the result by the exercise...happened, the plaintiff's negligence will not excuse him (/i). Thus, in an action for killtng a donkey, it appeared that the plaintiff had left the animal with... | |
 | Francis Taylor Piggott - Torts - 1885 - 448 pages
...modification of it ; although the plaintiff has been guilty of negligence which has in fact contributed to the accident, yet if the defendant could in the...diligence, have avoided the mischief which happened, the plaintiffs negligence will not excuse him. (Lord Penzance, Radley \. North Western Ry. Co.) Of this... | |
 | Sir Walworth Howland Roberts, George Wallace - Employers' liability - 1885 - 610 pages
...been guilty of negligence, and though that negligence may, in fact, have contributed to the injury, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the injury, the negligence of the plaintiff will not debar him from recovering. This was finally established... | |
 | Law - 1885 - 548 pages
...guilty of negligence, and such negligence may, in fact, have remotely contributed to the production of the accident, yet if the defendant could, in the result, by the exercise of reasonable care and diligence, in view of the circumstances of the case, have avoided the accident,... | |
 | Horace Gay Wood - Railroad law - 1885 - 804 pages
...and that negligence may, in fact, have contributed to the accident, yet if the defendant could, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiffs negligence will not excuse the defendant.6 And where a jury found, specially, facts which,... | |
 | Straits Settlements. Supreme Court - Court rules - 1885 - 886 pages
...happened, the plaintiff's negligence will not excuse him. The defendants in this case could, easily by the exercise of ordinary care and diligence, have avoided the mischief which happened, and as they have not exercised it, they are liable to the plaintiffs for the damages occasioned thereby.... | |
 | Reginald Godfrey Marsden - Collisions at sea - 1885 - 616 pages
...plaintiff may have been guilty of negligence, and although that negligence may in fact have contributed to the accident, yet if the defendant could in the result by exercise of ordinary care and diligence have avoided the mischief which happened, the plaintiff's negligence... | |
 | Law reports, digests, etc - 1894 - 1146 pages
...plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the...questioned. It was decided in the case of Davies v. Mann, 10 Mees. & W. 546, supported in that of Tuff v. Warman, 5 GB (NS) 573, and other cases, and has... | |
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But there is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet... 
