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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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Roscoe on the Admiralty Jurisdiction and Practice of the High Court of ...

Edward Stanley Roscoe, Helenus Macaulay Robertson, Alfred Townsend Bucknill, H. W. Lovell - 1920 - 840 pages
...care, which contributed to cause the accident. This doctrine is, however, qualified by the proviso that " though the plaintiff may have been guilty of...diligence, have avoided the mischief which happened, the plaintiffs negligence will not excuse him " (b). That is to say, " an action at common law by A. against...
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Insanity and mental deficiency in relation to legal responsibility

William George Henry Cook - 1921 - 242 pages
...negligence, he cannot recover " (c). In Radley v. L. & NW Railway Company (d) Lord Penzance said, " Though the plaintiff may have been guilty of negligence,...happened, the plaintiff's negligence will not excuse him." It is important to note — especially for the purpose of this treatise — that this rule does not...
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The Law of Torts

John Frederic Clerk, William Harry Barber Lindsell - 1921 - 1516 pages
...and care could have avoided the accident and failed to do so, it being well established that though a plaintiff may have been guilty of negligence and although...happened, the plaintiff's negligence will not excuse him (y). In the case of Fcnna v. Clare (г), the defendants maintained, at a spot immediately adjoining...
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The Principles of the Law of Contracts and Torts: With a Short Outline of ...

Alured Nathaniel Myddelton Wilshere, John Indermaur, Alured Myddelton Wilshere - 1922 - 742 pages
...of any negligence or want of ordinary care (m) which has contributed to cause the accident." (ii) " Though the plaintiff may have been guilty of negligence,...happened, the plaintiff's negligence will not excuse him (iii) This last rule applies where the want of ordinary care and diligence on the part of the defendant,...
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A Treatise on the Law of Instructions to Juries in Civil and ..., Volume 2

Henry Edward Randall - 1922 - 1154 pages
...court instructs the jury that if they believe from the evidence in this cause that the plaintiff was guilty of negligence, and although that negligence...happened, the plaintiff's negligence will not excuse it.74 § 1711. Effect of negligence of passenger as dependent on whether it amounts to criminal negligence...
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A Treatise on the Law of Instructions to Juries in Civil and ..., Volume 5

Henry Edward Randall - 1922 - 1258 pages
...946. 23 Richmond Passenger & Power 21 Koauoke fly. & Electric Co. v. Co. v. Gordon, 40 SE 772, 102 Va. care and diligence, have avoided the mischief which...happened, the plaintiff's negligence will not excuse it.24 §4891(14). Washington The court further instructs you that if you find from the evidence that...
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Reports of the Exchequer Court of Canada, Volume 12

Canada. Exchequer Court, Charles Morse, Arnold Willard Duclos - 1910 - 532 pages
...ributed to cause the accident ;' " but there is this qualification equally well established, " namely, that though the plaintiff may have been guilty "of..." the plaintiff's negligence will not excuse him.' The case " of the Margaret (Cayzer v. Carron Co. (2), shows that "the common law doctrine is applicable...
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Selected Essays on the Law of Torts

1924 - 792 pages
...(1881) ; Cayzer v. Carron Company, 9 App. Cas. 873 (1884). it is a qualification upon the first, namely, that though the plaintiff may have been guilty of...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, supported...
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Proceedings of the ... Annual Meeting of the Canadian Bar Association, Volume 8

Canadian Bar Association - 1924 - 534 pages
...guilty of negligence ? " 3. If both parties were guilty of negligence could the appellants (defendants) in the result, by the exercise of ordinary care and...diligence, have avoided the mischief which happened!" In the same case Viscount Finlay says, at p. 475, "In collision cases, the question which arises very...
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The British Columbia Reports: Being Reports of Cases Determined ..., Volume 33

1924 - 640 pages
...negligence and it may have TION contributed to the accident, still, if the defendant could have by the exercise of ordinary care and diligence have avoided...mischief which happened, the plaintiff's negligence is no excuse (Lord Penzance, Eadle.y \. London and North Western Railway Co. (1876), 1 App. Cas. 754...
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