 | Railroad law - 1898 - 824 pages
...defendant." By the third instruction given for the plaintiff the jury were instructed that if the defendants could, in the result, by the exercise of ordinary care and diligence, have avoided the accident, the negligence of the R. Cas. (N. s.) Kimbalt v. Friend's Adm'x. plaintiff's intestate would... | |
 | John Dawson Mayne, Sir Lumley Smith - Damages - 1899 - 776 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...diligence, have avoided the mischief which happened, the plaintiffs negligence will not excuse him " (*•). Hence, where the immediate cause of the accident... | |
 | Law reports, digests, etc - 1900 - 902 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... | |
 | Law reports, digests, etc - 1901 - 1276 pages
...been guilty of negligence, and although that negligence may in fact have contributed to the accident, if the defendant could in the result, by the exercise...happened, the plaintiff's negligence will not excuse him. Kndley v. Railway Co.. I,. R. App. Cas. 754, 75!); Keiiyon v. Railroad Co., 5 Hun, 470. and c.-ises... | |
 | Frank Farnum Dresser - Employers' liability - 1902 - 906 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."48 The several states are not agreed upon the question whether the plaintiff has the burden of... | |
 | Alfred Henry Ruegg - Employers' liability - 1903 - 632 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." The second of our propositions was laid down in the case of Butterfield v. Forrester (p). In that case... | |
 | George Stuart Robertson - Railroads - 1903 - 794 pages
...plaintiff may have been guilty of negligence, and though 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 (Id. il.]. (Compare Abraham v. North Metropolitan Tramways Co. (1894), "Times" Newspaper, Mar. 22.)... | |
 | George Albert Bonner, Henry Gatchell Farrant - Automobiles - 1904 - 374 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." These propositions point to the argument previously suggested that the real test, in cases of contributory... | |
 | Law reports, digests, etc - 1905 - 1096 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." As applied to the facts in hand, the defendant is required to avoid the destruction of life and property,... | |
 | Ratanlal Ranchhoddas, Dhirajlal Keshavlal Thakore - Torts - 1905 - 622 pages
...which contributed to the accident, yet if the defendant could (1) WaiU v. NE Byn EB & E. 719. 51 by the exercise of ordinary care and diligence have avoided the mischief which happened, her negligence would not excuse him (.Yarayan v. Tht Municipal Comm. of Bombay, } 6 Bom. 264). Leading... | |
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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... 
