 | Thomas Brett - English law - 1891 - 660 pages
...contributed to the accident which toI 7 negli is the subject of the action, yet if the defendant could by the exercise of ordinary care and diligence have avoided...happened, the plaintiff's negligence will not excuse him. The law on this subject was stated by Baron Parke as follows: " That although there may have been negligence... | |
 | Reginald Godfrey Marsden, John William Mansfield - Collisions at sea - 1891 - 744 pages
...fault ; in the latter, not. trib«ted to the accident, yet if the defendant could in the result by exercise of ordinary care and diligence have avoided...happened, the plaintiff's negligence will not excuse him," ie the defendant. Duvies v. Mann and Tuff v. Warman ( p) are cited as establishing this. On the other... | |
 | Reginald Godfrey Marsden, John William Mansfield - Collisions at sea - 1891 - 716 pages
...gation Co., 5 E. & B. 196 ; and (o) 1 App. Cas. 764. Aforriton v. General Steam Navigation tribufed 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... | |
 | Law reports, digests, etc - 1892 - 1128 pages
...been guilty of negligence, and although that negligence may in fact have contributed to theinjury. yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the injury, the plaintiff 's negligence will not excuse nor relieve him from liability. It is not sufficient... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1048 pages
...guilty of negligence, and that 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,... | |
 | Albert Parsons - Liability for railroad accidents - 1893 - 244 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...happened, the plaintiff's negligence will not excuse him. . . . It is true that in part of his summing up, the learned judge pointed attention to the conduct... | |
 | Ontario. High Court of Justice - Law reports, digests, etc - 1893 - 806 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...ordinary care and diligence, have avoided the mischief, the plaintiff's negligence will not excuse him. A defendant, in proving contributory negligence, must... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1893 - 770 pages
...been guilty of negligence, and although 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 plaintiff's negligence will not excuse nor relieve him from liability. It is not sufficient... | |
 | Frederick Pollock - Torts - 1894 - 842 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...happened, the plaintiff's negligence will not excuse him" (s). And in a recent leading case, of which there will be more to say, the criterion of what was the... | |
 | Law reports, digests, etc - 1894 - 1282 pages
...been guilty of negligence, and although that negligence may In fact have contributed to the Décident, yet if the defendant could, In the result, by the...the plaintiff's negligence will not •excuse him, [tbe defendant.]" Radley v. Kailway Co., (1S7G,) LR l App. Cas. 759. The supreme court of the United... | |
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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... 
