 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
 | 1881 - 806 pages
...The Scottish Law Repwter.— Vol. XV 111. 313 if the defendant could in the result, by the eiercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiffs negligence will not excuse him. — Redlay т. L. and N.-W. Railway Co., Dec. 1, 187(i,... | |
 | George Luther Clark - 1922 - 412 pages
...qualification upon the first, namely, that 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." In this case the defendant's servants did not see what the danger was; their negligence consisted in... | |
 | 1902 - 546 pages
...that though the plaintiff may have been guilty of negligence, and although that negligence may in (act have contributed to the accident, yet if the defendant...the plaintiff's negligence will not excuse him. This proposition, as one of law, cannot be questioned. It was decided in the case of Neb. 74G, 71 NW Hep.... | |
 | Lewis Richard Lipsett, Thomas John Day Atkinson - 1928 - 980 pages
...negligence of the plaintiff does not, however, disentitle him from recovering where the defendants cou'd in the result, by the exercise of ordinary care and...diligence, have avoided the mischief which happened — Eadley v. LNW Ely. Co. (1876), 1 AC 754 ; British Columbia Electric Ely. Co. v. Loach (1916), 1... | |
 | 1907 - 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...happened, the plaintiff's negligence will not excuse him." DC 1907 BRENNER r. TORONTO RWCo. Clute. J. [VOL. BC 1907 BRENNER v. TORONTO RWCo. Clute, J. In reference... | |
 | 1911 - 798 pages
...expressed by Lord Penzance in Radley \. London and North Western RW Co. (1876), 1 App. Gas. 754, 759 : " Though the plaintiff may have been guilty of negligence,...happened, the plaintiff's negligence will not excuse him." The jury here, upon the evidence, find an ultimate want of care on the part of the motorman after the... | |
 | William Mack, William Benjamin Hale - 1917 - 1286 pages
...liability." Styles v. Richmond, etc., R. Co., 118 NC 1084. 1093, 24 S 740 (per Clark, J., dissentIng). (13) "Though the plaintiff may have been guilty of negligence,...happened, the plaintiff's negligence will not excuse him." Radley v. London, etc., R. Co., l App. Cas. 754, 759 [quot McClanahan v. Vicksburg, etc., R. Co.. Ill... | |
 | 1894 - 1246 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... | |
 | 1893 - 1274 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.". The qualification expressed in the latter sentence, as 1 have endeavored to show, cannot be considered... | |
 | Great Britain. Courts - 1916 - 674 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." It is no doubt inconvenient and may be productive of monetary loss if, by the negligent or unreasonable... | |
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