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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... "
Albany Law Journal - Page 55
1888
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The Law Magazine and Review: For Both Branches of the Legal Profession at ...

1899
...is another proposition equally well established, and it is a qualification upon the first, namely, that though the plaintiff may have been guilty of...the plaintiff's negligence will not excuse him. This proposition, as one of law, cannot be questioned. It was decided in the case oiDavies v. Mann (10 M....
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The Law Reports: Appeal cases before the House of Lords (English ..., Volume 1

Charles Clark, Great Britain. Parliament. House of Lords - 1876
...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...happened, the Plaintiff's negligence will not excuse him. A railway company was in the habit of taking full tracks from the siding of a colliery owner, and returning...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 4

1877
...negligence of the plaintiffs, have made the accident impossible. It is well established that, although the plaintiff may have been guilty of negligence,...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...
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Reports of cases argued and determined in the Supreme court of New ..., Volume 5

John Campbell Allen - 1878
...in cases of this kind, was that though the plaintiff may have been guilty <?{ negligence, and though that negligence may, in fact have contributed to the...diligence, have avoided the mischief which happened, the plaintifl-'s negligence would not excuse him. — REPORTER. ANSLEY against THE ALBERT MINING COMPANY....
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Reports of Cases in the Supreme Court of Appeals of Virginia

Virginia. Supreme Court of Appeals - 1880
...been guilty of any negligence or want of ordinary care which contributed to cause the accident. 2. But though the plaintiff may have been guilty of negligence,...diligence, have avoided the mischief which happened, the plaintift's negligence will not excuse him. 3. On a demurrer to evidence, the demurrant must be considered...
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The Southern Law Review: And Chart of the Southern Law and ..., Volume 5

1880
...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...the plaintiff's negligence will not excuse him. This proposition, as one. of law, cannot be questioned. It was decided in the case of Davies v. Mann,1 supported...
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Pollock's Practice of the County Courts: With the Decisions of the ..., Page 776

Charles Edward Pollock - 1880 - 983 pages
...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...
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The American Reports: Containing All Decisions of General ..., Volume 31

Isaac Grant Thompson - 1880
...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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The American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1881
...ordinary care which contributed to the accident. And a well-established qualification of the rule is, that though the plaintiff may have been guilty of...happened, the plaintiff's negligence will not excuse him. Eadley v. Railway Co., LB, l App. С., 754, 1876. Here, perhaps, the ride is not qualified to so great...
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The Law of the Road ; Or, The Wrongs and Rights of a Traveller

Robert Vashon Rogers - 1881 - 322 pages
...negligence was in the whole or in part the proximate cause ; 2 unless, indeed, the defendant could, by the exercise of ordinary care and diligence, have avoided the mischief which happened." 3 1 Railway Act, 1879, sec' 2S (Canada). Redfield on Railways, vol. ii. p. 252. 2 Robinson v. Cone,...
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