It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so... Commentaries on American Law - Page 342by James Kent - 1884Full view - About this book
| Connecticut. Supreme Court of Errors - 1891 - 662 pages
...also in the same connection, the result depends upon the facts. The question in such cases is 1st, whether the damage was occasioned entirely by the...negligence or improper conduct of the defendant ; or 2d, whether the plaintiff himself so far contributed to the misfortune by his own negligence or want... | |
| Charles Manley Smith - 1860 - 622 pages
...Wightumn, J., in delivering judgment, said: — "The proper question for the jury in cases of this kind is, whether the damage was occasioned entirely by...want of ordinary and common care and caution, that bul forsucb negligence or want of ordinary care and caution on his part the misfortune would not have... | |
| Ireland. High Court of Chancery - 1861 - 652 pages
..." question for the jury in this case, and, indeed, in all others of the • D. AND w. " like kind, is, whether the damage was occasioned entirely by the " negligence or improper conduct of thj defendant, or whether the " plaintiff himself so far contributed to the misfortune, by his own... | |
| John Guthrie Smith - 1864 - 590 pages
...de eo per quem fact, erit (2, 10), lex 3, § 3. such circumstances, the proper question for the jury is — whether the damage was occasioned entirely by the negligence or improper conduct of the defender, or whether the pursuer himself so far contributed to the misfortune by his own negligence... | |
| John Scott, Great Britain. Court of Common Pleas - 1865 - 534 pages
...to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by...that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened. In the first case, the plaintiff... | |
| Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 972 pages
...to us that the proper question for the jury in this, and indeed in all other cases of the hke kind, is, whether the damage was occasioned entirely by...whether the Plaintiff himself so far contributed to the raUfortune by his own negligence or want of ordinary and common care and caution, that, but for such... | |
| North Carolina. Supreme Court - 1887 - 724 pages
...occasioned entirely by the negligence of the defendant, or did the plaintiff himself so far contribute to the misfortune by his own negligence or want of...common care and caution, that but for such negligence and want of common care and caution on his part, the misfortune would not have happened? If you believe... | |
| 1885 - 550 pages
...received by the deceased, and whether there was contributory negligence on the part of the deceased; whether the damage was occasioned entirely by the...misfortune by his own negligence or want of ordinary or common care and caution, that but for such negligence or want of ordinary care or caution on his... | |
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