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" Forrester (ubi sup.), and the rule is that, although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover;... "
The Jurisprudence of Medicine in Its Relation to the Law of Contracts, Torts ... - Side 98
af John Ordronaux - 1869 - 310 sider
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The Encyclopaedia Britannica: A Dictionary of Arts, Sciences, and ..., Bind 5

1833 - 874 sider
...want of gVill Where there has been contributory negligence on the part of the plaintiff, — ie, where he might, by the exercise of ordinary care have avoided...the consequences of the defendant's negligence— be is not entitled to recover. By 9 and 10 Viet. c. 93 (commonly called Lord Campbell's Act), when...
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The Law Journal Reports, Bind 66

1897 - 518 sider
...[1842] H and other cases following it were relied on. But the proposition established by those cases is that, although there may have been negligence on the...ordinary care have avoided the consequences of the defendants' negligence, he is entitled to recover. From what I have found as to the negligence of the...
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Irish Law Reports: Particularly of Points of Practice, Argued and ..., Bind 12

Ireland. Court of King's Bench - 1850 - 646 sider
...consequences " of the defendants' negligence." In a note to Raisin v. Mitchell (b) the result is thus stated, that " although there may have been " negligence on...might have avoided them, he is the author of his own Bradley v. Waterhovse is the foundation of a class of cases relied on by the defendants, but the principle...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Bind 10

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1843 - 842 sider
...Company v. Robins, 593 NEGLIGENCE. When actionable. The general rule of law respecting negligence is, that although there may have been negligence on the...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and waggon against and killed an ass, which...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

1843 - 534 sider
...general rule of law respecting negligence is, that although there may have been negligence on the pait of the plaintiff, yet unless he might by the exercise...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and waggon against and killed an ass, which...
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - 1844 - 910 sider
...Bridge v. The Grand Junction Railway Co., 3 M. 4- W. 244. ; in which case Parkc B. states the rule to be that, although there may have been negligence on-...recover : if by ordinary care he might have avoided this, he is the author of I. is own wrong : that is the only way in which the rule as to the exercise...
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The Law of Pleading and Evidence in Civil Actions: Arranged ..., Bind 1

John Simcoe Saunders - 1844 - 594 sider
...Hardern, 4 B. & C. 223; Rogers v. Imbleton, 2 N R. 118. [The general rule of law respecting negligence is, that although there may have been negligence on the...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and wagon against and killed an ass, which...
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American Law Magazine, Bind 2

1844 - 510 sider
...453. NEGLIGENCE. (In driving, ichen actionable.) The general rule of law respecting negligence is, that although there may have been negligence on the...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and wagon against and killed an ass, which...
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Chitty's Treatise on Pleading and Parties to Actions: With ..., Bog 383,Bind 2

Joseph Chitty - 1844 - 808 sider
...respecting negligence ii, that although there may have been négligence on the part of the plaintif)', yet, unless he might by the exercise of ordinary care have avoided the conséquences of the defendant's negligence, he is entitled to recover ; Davits v. Man», 10 M. Se...
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The Legal Observer, Or, Journal of Jurisprudence, Bind 30

1845 - 556 sider
...occurred, but the Addenda contains the following : — " The general rule of law as to negligence is, that although there may have been negligence on the...entitled to recover ; if by ordinary care he might hare avoided them, he is the author of his own wrong. (Butterfield v. Forrester, 11 Substitute for...
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