 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 Law Reports: Appeal cases before the House of Lords (English, Irish, and ... - Page 732by Charles Clark, Great Britain. Parliament. House of Lords - 1876Full view - About this book
 | 1888 - 556 pages
...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...happened, 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... | |
 | 1885 - 550 pages
...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 pages
...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...happened, 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... | |
 | John Fletcher Lacey - 1884 - 1406 pages
...defendant could, in the result, bj the exercise of ordinary care and diligence, have avoided the miiohii-f which happened, the plaintiff's negligence will not...A railway company was in the habit of taking full trncka from the siding of a colliery owner, «ad returning the empty trucks there. Over this siding... | |
 | 1877 - 692 pages
...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...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 pages
...been guilty <?{ negligence, and though that negligence may, in fact have contributed to the accident, yet if the defendant could in the result, by the exercise...diligence, have avoided the mischief which happened, the plaintifl-'s negligence would not excuse him. — REPORTER. ANSLEY against THE ALBERT MINING COMPANY.... | |
 | Charles Edward Pollock - 1880 - 1036 pages
...part, or on the part of the person having the management of the carriage or vessel in which he is (r). Though a plaintiff may have been guilty of negligence,...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... | |
 | 1880 - 920 pages
...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 result, by the exercise...happened, 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... | |
 | Virginia. Supreme Court of Appeals - 1880 - 964 pages
...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 pages
...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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