 | John Frederic Clerk, William Harry Barber Lindsell - Torts - 1906 - 990 pages
...afford a defence, is subject to the very .1 important qualification, that " if the defrndant cou\d in the result, by the exercise of ordinary care and...happened, the plaintiff's negligence will not excuse him " (c) ; which qualification has also been stated in a somewhat different form, that " although there... | |
 | Thomas Johnson Michie - Law reports, digests, etc - 1906 - 952 pages
...may have been guilty of negligence, and 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 prevented the injury, the action may be maintained. Johnson v. Chesapeake, etc., R. Co., 91 Va. 171,... | |
 | Australia. High Court - Law reports, digests, etc - 1906 - 956 pages
...Could the defendant, notwithstanding the negligence of the plaintiff contributing to the accident, by the exercise of ordinary care and diligence have avoided the mischief which happened ? If so, the plaintiffs negligence will not excuse the defendant. In this case I think it was for the... | |
 | Sir John William Salmond - Torts - 1907 - 574 pages
...Pen2ance, 4 " 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...plaintiff's negligence will not excuse him." This mode of state2 10 M. & W. p. 549. ment, however, is clearly elliptical and insufficient as a complete... | |
 | L. S. Le Vernois, Esten Kenneth Williams, Edward Betley Brown - Law reports, digests, etc - 1907 - 656 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." Here, notwithstanding the fact that the plaintiff might have placed the engine or might have been aware... | |
 | Law reports, digests, etc - 1907 - 1048 pages
...incontrovertible proposition rhat, notwithstanding proven contributory negligence of the plair.r.iil, " if the defendant could in the result, by the exercise...happened, the plaintiff's negligence will not excuse him" (defendant). As a convenient and concise term to express negligence of this description, I shall call... | |
 | Transvaal (Colony). Supreme Court - 1907 - 1396 pages
...the injury upon himself where, even though he has by his negligence contributed to the accident, yet the defendant could in the result by the exercise...diligence have avoided the mischief which happened (see Radley and Bramatt v. London and North Western Railway Co.. 1 App. Gas. p. 754). These principles... | |
 | Thomas Beven - Negligence - 1908 - 960 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 1 l App. Cas. 754, por Lord Penzanoe, 700 ; Inland <fc Seaboard Coasting Co. v. Toison, 139 US (32... | |
 | Law reports, digests, etc - 1908 - 1172 pages
...may have been guilty of negligence, and that although that negligence may In fact have contributed to the accident, yet if the defendant could In the...exercise of ordinary care and diligence, have avoided the accident which happened, the plaintiff's Intestate's negligence will not excuse the defendant company,... | |
 | Virginia. Supreme Court of Appeals, Benjamin Watkins Leigh, Conway Robinson, Peachy Ridgway Grattan, James Muscoe Matthews, George W. Hansbrough, Martin Parks Burks - Law reports, digests, etc - 1908 - 1060 pages
...may have been guilty of ueglij^nce, and that, although that negligence may in fact have contributed to the accident, yet if the defendant could in the...exercise of ordinary care and diligence, have avoided the accident which happened, the plaintiff's intestate's negligence will not excuse the defendant company,... | |
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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... 
