 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 531888Full view - About this book
 | Robert Vashon Rogers - 1881 - 348 pages
...negligence was in the whole or in part the proximate cause ; z 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. 25 (Canada). Redfield on Railways, vol. ii. p. 252. 2 Robinson v. Cone,... | |
 | Robert Vashon Rogers - 1881 - 348 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. 25 (Canada). Redfield on Railways, vol. ii. p. 252. 2 Robinson... | |
 | Nevada. Supreme Court - 1882 - 510 pages
...is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of...happened, the plaintiff's negligence will not excuse him." In Brown v. The Hannibal & St. Joseph Railroad Co., supra, the lower court instructed the jury as follows:... | |
 | 1882 - 692 pages
...v. Railroad Co., LR, l App. Cas. 759, Lord Penzance stated the law thus: "Though the plaintiff has been guilty of negligence, and although that negligence...happened, the plaintiff's negligence will not excuse him." Such is the rule as recently declared. It is, however, unsatisfactory, as it seems to do away entirely... | |
 | Isaac Grant Thompson - 1882 - 962 pages
...rule is, that though the plaintiff may have been guilty of negligence, and although that negligent? may in fact have contributed to the accident, yet...happened, the plaintiff's negligence will not excuse him. Radley v. Railway Co., LR, 1 App. Cas. TM (187C). Here perhaps the rule is not qualified to so great... | |
 | James Simmons - 1883 - 1066 pages
...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. liiulley v. Lnndnn <t North Wettern Ry. Co. (App. Cas.), XVIII—37 ; affirming VIII— 516 : and reversing... | |
 | John Fletcher Lacey - 1884 - 1404 pages
...to the accident which is the subject of the action, yet, if the defendant could, in the result, bj the exercise of ordinary care and diligence, have...happened, the plaintiff's negligence will not excuse him. A railway company was in the habit of taking full trucks from the siding of a colliery owner, and returning... | |
 | Sydney Hastings - 1885 - 532 pages
...that negligence may in fact have contributed to the accident, which is the subject of the action, yct if the defendant could, in the result by the exercise...happened, the plaintiff's negligence will not excuse him (/i). Thus, in an action for killtng a donkey, it appeared that the plaintiff had left the animal with... | |
 | Francis Taylor Piggott - 1885 - 448 pages
...second is a modification of it ; although the plaintiff has been guilty of negligence which has in fact contributed to the accident, yet if the defendant...diligence, have avoided the mischief which happened, the plaintiffs negligence will not excuse him. (Lord Penzance, Radley \. North Western Ry. Co.) Of this... | |
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