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" It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so... "
Reports of Cases Argued and Determined in the Supreme Judicial Court of the ... - Page 461
by Massachusetts. Supreme Judicial Court - 1899
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Irish Chancery Reports: Being a Series of Reports of Cases Argued and ...

Ireland. High Court of Chancery - Law reports, digests, etc - 1861 - 652 pages
...conduct of thj defendant, or whether the " plaintiff himself so far contributed to the misfortune, by his own " negligence or want of ordinary and common care...negligence or want of ordinary care and caution on his " part, the misfortune would not have happened ? In the first case, " the plaintiff would be entitled...
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A Treatise on the Law of Reparation

John Guthrie Smith - Damages - 1864 - 590 pages
...the pursuer himself so far contributed to the misfortune by his own negligence or want of ordinary care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have occurred. In the first case the pursuer may recover ; in the...
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volume 12

John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1865 - 534 pages
...conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care...negligence or want of ordinary care and caution on his part, the misfortune would not have happened. In the first case, the plaintiff would be entitled...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 50

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - Law reports, digests, etc - 1868 - 1038 pages
...contributed to butory nrgli- damage was occasioned entirely by the negligence or improper conduct plaintiff. care and caution, that, but for such negligence or want of ordinary care part of the the misfortune by his own negligence or want of ordinary and common Direction to and caution...
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Albany Law Journal, Volume 5

Law - 1872 - 438 pages
...occasioned entirely by the negligence or improper conduct of the defendants' servants or whether the plaintiff herself so far contributed to the misfortune,...would not have happened; that, in the first case, the plaintiff would be entitled to recover, and, in the second, she would not." 2. "That mere negligence,...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 104

Great Britain. Courts - Law reports, digests, etc - 1870 - 540 pages
...conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care...negligence or want of ordinary care and caution on his part, the misfortune would not have happened. In the first case, the plaintiff would be entitled...
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Albany Law Journal, Volume 24

Law - 1881 - 572 pages
...on his part. If the deceased so far contributed to the misfortune by his own negligence or want of care and caution, that but for such negligence or want of ordinary care and caution on bis part, the misfortune would not have happened, the plaintiff cannot recover. Dickey v. Maine Telegraph...
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Albany Law Journal, Volume 24

Law - 1881 - 572 pages
...on his part. If the deceased so far contributed to the misfortune by his own negligence or want of care and caution, that but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened, the plaintiff cannot recover. Dickey v. Maine Telegraph...
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Albany Law Journal, Volume 30

Law - 1885 - 550 pages
...plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary or common care and caution, that but for such negligence or want of ordinary care or caution on his part the misfortune would not have happened. In the first case, the plaintiff would...
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Reports of Cases Argued and Determined in the Supreme Court of New ..., Volume 9

New South Wales. Supreme Court - Law reports, digests, etc - 1871 - 554 pages
...conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence, or want of ordinary and common care...negligence, or want of ordinary care and caution on his part, the misfortune would not have happened. "Mere negligence, or want of ordinary care or caution,...
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