 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
 | Thomas Beven - 1895 - 1072 pages
...another proposition equally well established, and it is a qualification upon the first — namely, that though the plaintiff may have been guilty of...diligence, have avoided the mischief which happened, the plaintiffs negligence will not excuse him." 4 Much of the difficulty in fixing the meaning of contributory... | |
 | Thomas Beven - 1895 - 980 pages
...defendant was the proximate, and that of the plaintiff the remote, cause of the injury — that is, if the defendant could in the result, by the exercise...happened, the plaintiff's negligence will not excuse him.1 It has been contended that, by Admiralty law, where there has been any negligence on the part... | |
 | John Frederic Clerk, William Harry Barber Lindsell, Thomas Hollis Walker - 1896 - 824 pages
...Mann. plaintiff will in general afford a defence, is subject to a very important qualification that " if the defendant could in the result, by the exercise...happened, the plaintiff's negligence will not excuse Mm " (b) ; which qualification has also been stated in a somewhat different form, that "although there... | |
 | New York (State). Supreme Court. Appellate Division - 1910 - 1116 pages
...guilty of negligence that may, in fact, have contributed to the accident, if the defendant could, by the exercise of ordinary care and diligence, have...happened, the plaintiff's negligence will not excuse him. It is not the law that a railway company may, with knowledge, yet without effort to save, run down... | |
 | New York (State). Supreme Court. Appellate Division - 1898 - 766 pages
...accident, if the defendant could in the App. Div.] SECOND DEPARTMENT, OCTOBER TERM, 1898. result, by ike exercise of ordinary care and diligence, have avoided...happened, the plaintiff's negligence will not excuse him. * * * We think it was a proper question for the jnry, whether the defendant was not guilty of such... | |
 | Norman Fetter - 1897 - 888 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...happened, the plaintiff's negligence will not excuse him." s "The rule is that contributory negligence on the part of plaintiff will not disentitle plaintiff... | |
 | Arthur Robinson - 1898 - 164 pages
...negligence is the proximate cause of the accident, is usually put in the following form : — Although the plaintiff may have been guilty of negligence,...happened, the plaintiff's negligence will not excuse him. (I}. 2. If, contemporaneously with the negligence of the defendant, the plaintiff has been guilty of... | |
 | John Dawson Mayne, Sir Lumley Smith - 1899 - 776 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...diligence, have avoided the mischief which happened, the plaintiffs negligence will not excuse him " (*•). Hence, where the immediate cause of the accident... | |
 | 1901 - 1276 pages
...been guilty of negligence, and although that negligence may in fact have contributed to the accident, if the defendant could in the result, by the exercise...happened, the plaintiff's negligence will not excuse him. Kndley v. Railway Co.. I,. R. App. Cas. 754, 75!); Keiiyon v. Railroad Co., 5 Hun, 470. and c.-ises... | |
 | Frank Farnum Dresser - 1902 - 906 pages
...the defendant, is he who could last have avoided the injury by the exercise of reasonable care. Thus, "though the plaintiff may have been guilty of negligence,...happened, the plaintiff's negligence will not excuse him."48 The several states are not agreed upon the question whether the plaintiff has the burden of... | |
| |
