 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
 | Transvaal (Colony). Supreme Court - 1907 - 1396 pages
...the injury upon himself where, even though he has by his negligence contributed to the accident, yet the defendant could in the result by the exercise...diligence have avoided the mischief which happened (see Radley and Bramatt v. London and North Western Railway Co.. 1 App. Gas. p. 754). These principles... | |
 | Thomas Beven - 1908 - 960 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." 3 1 The foregoing statement is copied from the head-note to the report in L. В. О Еж. 71. 2 lAnp.... | |
 | John Frederic Clerk, William Harry Barber Lindsell, Alfred Taylour Hunter - 1908 - 1216 pages
...to the very y,','/,',* ' important qualification, that " if the defendant could in tlieresult s by the exercise of ordinary care and diligence, have...happened, the plaintiff's negligence will not excuse him " (c) ; which qualification has also been stated in a somewhat different form, that " although there... | |
 | Great Britain - 1908 - 638 pages
...her port side six miles off ; (5) that the navigating lieutenant on board HMS Satin Pareil could, by the exercise of ordinary care and diligence, have avoided the mischief which happened. The Margaret (.Cay:er v. Carron Co.") ((1884) 9 App. Cas. 873 : 53 LJP 17 ; 32 WB 564 ; 50 LT 447 ; 5 Asp.... | |
 | James Barr Ames, Jeremiah Smith - 1909 - 760 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. This proposition, as one of law, cannot be questioned.... | |
 | Sir Andries Ferdinand Stockenström Maasdorp - 1909 - 284 pages
...the injury upon himself where, even though he has by his negligence contributed to the accident, yet the defendant could in the result by the exercise...diligence have avoided the mischief which happened. 1 The law with respect to contributory negligence was very concisely laid down hy Lord Penzance in... | |
 | 1910 - 612 pages
...contributed to cause the accident'; but there is this qualification equally well established, namely, that though the plaintiff may have been guilty of...which happened, the plaintiff's negligence will not ex(•use him. The case of the " Margaret " (Career v. Carron Co., 9 App. Cas. 873), shews that the... | |
 | Alfred Henry Ruegg - 1910 - 1166 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...diligence, have avoided the mischief which happened, the plaintiffs negligence will not excuse him." See per Lord DUNEDIN, observations on the decision in Radleii... | |
 | Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - 1910 - 778 pages
...well established, and it is a qualification upon the first, namely, that. though the plaintiff may be guilty of ' negligence, and although that negligence...happened, the plaintiff's negligence will not excuse him." I have already found that this was not a necessary peril of the work, but that the risk arose in the... | |
 | 1910 - 1302 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... | |
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