 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...  The Central Law Journal - Seite 2861902Vollansicht - Über dieses Buch
 | 1888 - 556 Seiten
...that though the plaintiff may have been guilty of negligence, and although that negligence may in fact have contributed to the accident, yet if the defendant...the plaintiff's negligence will not excuse him. This qualification was clearly stated in the case of Tuff v. Warman, 5 CB (NS) 573, so often referred to,... | |
 | 1885 - 550 Seiten
...guilty of negligence, and such 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,... | |
 | 1899 - 710 Seiten
...though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet, if the defendant...law, cannot be questioned. It was decided in the case oiDavies v. Mann (10 M. & W. 546), supported in that of Tuff v. Warman (5 CBNS 573), and other cases,... | |
 | Charles Clark, Great Britain. Parliament. House of Lords - 1876 - 842 Seiten
...Plaintiff RAILWAY Co. may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the Defendant...in the result, by the exercise of ordinary care and diligeuce, have avoided the mischief which happened, the Plaintiff's negligence will not excuse him.... | |
 | 1877 - 692 Seiten
...although the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant...happened, the plaintiff's negligence will not excuse him. Chamber reversed, and new trial ordered. Opinion by Lord Pe.nzn.nce ; the Lord Chancellor and Lords... | |
 | John Campbell Allen - 1878 - 714 Seiten
...that though the plaintiff may have been guilty <?{ negligence, and though that negligence may, in fact have contributed to the accident, yet if the defendant...diligence, have avoided the mischief which happened, the plaintifl-'s negligence would not excuse him. — REPORTER. ANSLEY against THE ALBERT MINING COMPANY.... | |
 | 1880 - 920 Seiten
...2 See subdivision V., supra. 3 This we shall endeavor to show hereafter. VOL. V. NO. 6 56 tributed to the accident, yet if the defendant could in the...cannot be questioned. It was decided in the case of Davies v. Mann,1 supported in that of Tuff v. Warman,1 and other cases, and has been universally applied... | |
 | Charles Edward Pollock - 1880 - 1036 Seiten
...although that negligence may in fact have contributed to the accident which is the subject of the action, yet if the defendant could in the result, by the exercise...happened, the plaintiff's negligence will not excuse him (x). The plaintiff must prove negligence upon the part of Master and the defendant, or if the act be... | |
 | Virginia. Supreme Court of Appeals - 1880 - 964 Seiten
...though the 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 result, by the exercise of ordinary care ami diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse... | |
 | Isaac Grant Thompson - 1880 - 886 Seiten
...accident, yet if the defendant, o-mld, in the result, by the exercise of ordinary care and diligence, havi: avoided the mischief which happened, the plaintiff's negligence will not excuse him." And his lordship adds: " This proposition, f»s one of law, cannot be questioned. It was decided in... | |
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