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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 53
1888
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A Treatise on the Law of Collisions at Sea: With an Appendix, Containing ...

Reginald Godfrey Marsden - 1885 - 616 pages
...negligence may in fact have contributed to the accident, yet if the defendant could in the result by exercise of ordinary care and diligence have avoided...happened, the plaintiff's negligence will not excuse him, ie the defendant. Davics v. Mann and Tuff v. Warman (p) are cited as establishing this. On the other...
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A Treatise on the Law of Railroads, Volume 2

Horace Gay Wood - 1885 - 804 pages
...and that negligence may, in fact, have contributed to the accident, yet if the defendant could, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiffs negligence will not excuse the defendant.6 And where a jury found, specially, facts which,...
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Cases Heard and Determined in Her Majesty's Supreme Court of the ..., Volume 1

Straits Settlements. Supreme Court - 1885 - 886 pages
...happened, the plaintiff's negligence will not excuse him. The defendants in this case could, easily by the exercise of ordinary care and diligence, have avoided the mischief which happened, and as they have not exercised it, they are liable to the plaintiffs for the damages occasioned thereby....
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Atlantic Reporter, Volume 27

1894 - 1144 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...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, 10...
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Atlantic Reporter, Volume 26

1893 - 1164 pages
...namely, that though the plaintiff may have been guilty of negligence, and although that negligence muy in fact have contributed to the accident, yet If the...happened, the plaintiff's negligence will not excuse him." The qualification expressed in the latter sentence, as I have endeavored to show, cannot be considered...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 83

Virginia. Supreme Court of Appeals - 1888 - 1024 pages
...infirm, but that such assumed infirmity was equivalent to contributory negligence on his part, which bars a recovery. It thus ignores an important qualification...than the application of the maxim, sic utere tuo ut alienum non laedas. Broom. Leg. Max. 385 ; Radley v. London & Northwestern Railway Company, LR 1 App....
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 22

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1888 - 706 pages
...by the engineer in ample time to have stopped the engine, but was run over. The English doctrine is, that though the plaintiff may have been guilty of...happened, the plaintiff's negligence will not excuse him. Cooley on Torts, 675; R. & DRR Co. v. Anderson, 31 Gratt. 816, and authorities cited; LS & MSRR Co....
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A Treatise on the Law of Negligence, Volume 1

Thomas Gaskell Shearman, Amasa Angell Redfield - 1888 - 720 pages
...established, and it is a qualification upon the first, namely, that though the plaintiff may have beenguiltyof negligence, and although that negligence may in fact...happened, the plaintiff's negligence will not excuse him." In Iowa (O'Keefe v. Chicago, &c. R. Co., 32 Iowa, 467) and Missouri (Zimmerman v. Hannibal, &c. R....
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ESSENTIALS OF THE LAW. VOL.III COMPRISING THE ESSENTIAL PARTS OF POLLOCK ON ...

MARSHALL D. EWELL - 1888 - 368 pages
...in fact have contributed to the accident, yet if the defendant could in the result, by the exei'cise of ordinary care and diligence, have avoided the mischief...happened, the plaintiff's negligence will not excuse him." Negligence will not disentitle the plaintiff to recover, unless it be such that without it the harm...
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The New South Wales Law Reports, 1880-1900, Volume 9

New South Wales. Supreme Court - 1888 - 806 pages
...(6) 5 OB (NS) 573. J88?- accident, yet if the defendant could, in the result, by the exercise BROWN of ordinary care and diligence have avoided the mischief...happened, the plaintiff's negligence will not excuse him," throw the smallest doubt on it, otherwise the ridiculous result would follow that the two rules, both...
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