 | John Frederic Clerk, William Harry Barber Lindsell, Alfred Taylour Hunter - Torts - 1908 - 1216 pages
...to the very y,','/,',* ' important qualification, that " if the defendant could in tlieresult s by the exercise of ordinary care and diligence, have...happened, the plaintiff's negligence will not excuse him " (c) ; which qualification has also been stated in a somewhat different form, that " although there... | |
 | Great Britain - Law reports, digests, etc - 1908 - 638 pages
...her port side six miles off ; (5) that the navigating lieutenant on board HMS Satin Pareil could, by the exercise of ordinary care and diligence, have avoided the mischief which happened. The Margaret (.Cay:er v. Carron Co.") ((1884) 9 App. Cas. 873 : 53 LJP 17 ; 32 WB 564 ; 50 LT 447 ; 5 Asp.... | |
 | Québec (Province). Superior Court - Law reports, digests, etc - 1908 - 602 pages
...been guilty cif negligence aiul although that negligence may, T l ie Hur " in fact, have contributed to the accident, yet, if the defendant " could, in the result, by the exercise ol ordinary care and dili'• gence, have avoided the mischief which happened, the plain• tiff's... | |
 | James Barr Ames, Jeremiah Smith - Torts - 1909 - 760 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. This proposition, as one of law, cannot be questioned.... | |
 | Sir Andries Ferdinand Stockenström Maasdorp - Law - 1909 - 284 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. 1 The law with respect to contributory negligence was very concisely laid down hy Lord Penzance in... | |
 | Law - 1910 - 612 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...which happened, the plaintiff's negligence will not ex(•use him. The case of the " Margaret " (Career v. Carron Co., 9 App. Cas. 873), shews that the... | |
 | Alfred Henry Ruegg - Employers' liability - 1910 - 1166 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." See per Lord DUNEDIN, observations on the decision in Radleii... | |
 | Law reports, digests, etc - 1910 - 1302 pages
...guilty of negligence that may, in fact, have contributed to the accident, if the defendant could, by the exercise of ordinary care and diligence, have...happened, the plaintiff's negligence will not excuse him. It is not the law that a railway company may, with knowledge, yet without effort to save, run down... | |
 | Transvaal (Colony). Supreme Court - Law reports, digests, etc - 1910 - 1544 pages
...the appellant is liable. Even if the respondent had been negligent, yet if the appellant's servants could in the result by the exercise of ordinary care and diligence have avoided the accident, the appellant will not be freed from liability. See Ritdley'a case (1 App. Cos. p. 75!t);... | |
 | Law reports, digests, etc - 1910 - 1176 pages
...In the result — that Is, after It discovered his peril — by the exercise of .proper care and due diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse it." In the present case the Jury would have been warranted In drawing the Inference from the evidence... | |
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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... 
