 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
 | Alfred Henry Ruegg - 1903 - 632 pages
...there is another proposition equally well established, and it is a qualification upon the first, viz., that though the plaintiff may have been guilty of...happened, the plaintiff's negligence will not excuse him." The second of our propositions was laid down in the case of Butterfield v. Forrester (p). In that case... | |
 | George Stuart Robertson - 1903 - 794 pages
...754, 759 ; 46 LJ Ex. 573.) (ii.) Though the plaintiff may have been guilty of negligence, and though that negligence may in fact have contributed to the...happened, the plaintiff's negligence will not excuse him (Id. il.]. (Compare Abraham v. North Metropolitan Tramways Co. (1894), "Times" Newspaper, Mar. 22.)... | |
 | George Albert Bonner, Henry Gatchell Farrant - 1904 - 374 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." These propositions point to the argument previously suggested that the real test, in cases of contributory... | |
 | 1905 - 1096 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." As applied to the facts in hand, the defendant is required to avoid the destruction of life and property,... | |
 | Ratanlal Ranchhoddas, Dhirajlal Keshavlal Thakore - 1905 - 622 pages
...which contributed to the accident, yet if the defendant could (1) WaiU v. NE Byn EB & E. 719. 51 by the exercise of ordinary care and diligence have avoided the mischief which happened, her negligence would not excuse him (.Yarayan v. Tht Municipal Comm. of Bombay, } 6 Bom. 264). Leading... | |
 | John Frederic Clerk, William Harry Barber Lindsell - 1906 - 990 pages
...afford a defence, is subject to the very .1 important qualification, that " if the defrndant cou\d in the result, by the exercise of ordinary care and...happened, the plaintiff's negligence will not excuse him " (c) ; which qualification has also been stated in a somewhat different form, that " although there... | |
 | Australia. High Court - 1906 - 956 pages
...Could the defendant, notwithstanding the negligence of the plaintiff contributing to the accident, by the exercise of ordinary care and diligence have avoided the mischief which happened ? If so, the plaintiffs negligence will not excuse the defendant. In this case I think it was for the... | |
 | L. S. Le Vernois, Esten Kenneth Williams, Edward Betley Brown - 1907 - 656 pages
...Badley v. London and North Western EW Co., 1 App. Cas. 75-i, it is laid down at p. 759 as follows : " Though the plaintiff may have been guilty of negligence,...happened, the plaintiff's negligence will not excuse him." Here, notwithstanding the fact that the plaintiff might have placed the engine or might have been aware... | |
 | Sir John William Salmond - 1907 - 574 pages
...avoided the accident by the use of reasonable care. " Though the plaintiff," says Lord Pen2ance, 4 " may have been guilty of negligence, and although that...plaintiff's negligence will not excuse him." This mode of state2 10 M. & W. p. 549. ment, however, is clearly elliptical and insufficient as a complete... | |
 | 1907 - 1048 pages
...incontrovertible proposition rhat, notwithstanding proven contributory negligence of the plair.r.iil, " if the defendant could in the result, by the exercise...happened, the plaintiff's negligence will not excuse him" (defendant). As a convenient and concise term to express negligence of this description, I shall call... | |
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