 The Rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester (x), that although there may have been Negligence on the part of the plaintiff, yet unless he might by the exercise of ordinary care have avoided the consequences...  Institutes of American Law - Page 652by John Bouvier - 1854Full view - About this book
 | Encyclopedias and dictionaries - 1833 - 874 pages
...want of gVill Where there has been contributory negligence on the part of the plaintiff, — ie, where he might, by the exercise of ordinary care have avoided...the consequences of the defendant's negligence— be is not entitled to recover. By 9 and 10 Viet. c. 93 (commonly called Lord Campbell's Act), when... | |
 | Law reports, digests, etc - 1897 - 518 pages
...[1842] H and other cases following it were relied on. But the proposition established by those cases is that, although there may have been negligence on the...ordinary care have avoided the consequences of the defendants' negligence, he is entitled to recover. From what I have found as to the negligence of the... | |
 | Law - 1843 - 534 pages
...general rule of law respecting negligence is, that although there may have been negligence on the pait of the plaintiff, yet unless he might by the exercise...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and waggon against and killed an ass, which... | |
 | Henry Roscoe - Evidence (Law) - 1844 - 910 pages
...Bridge v. The Grand Junction Railway Co., 3 M. 4- W. 244. ; in which case Parkc B. states the rule to be that, although there may have been negligence on-...recover : if by ordinary care he might have avoided this, he is the author of I. is own wrong : that is the only way in which the rule as to the exercise... | |
 | John Simcoe Saunders - Civil procedure - 1844 - 594 pages
...Hardern, 4 B. & C. 223; Rogers v. Imbleton, 2 N R. 118. [The general rule of law respecting negligence is, that although there may have been negligence on the...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and wagon against and killed an ass, which... | |
 | Law - 1844 - 510 pages
...453. NEGLIGENCE. (In driving, ichen actionable.) The general rule of law respecting negligence is, that although there may have been negligence on the...defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove his horses and wagon against and killed an ass, which... | |
 | Joseph Chitty - Forms (Law) - 1844 - 808 pages
...respecting negligence ii, that although there may have been négligence on the part of the plaintif)', yet, unless he might by the exercise of ordinary care have avoided the conséquences of the defendant's negligence, he is entitled to recover ; Davits v. Man», 10 M. Se... | |
 | Law - 1845 - 556 pages
...occurred, but the Addenda contains the following : — " The general rule of law as to negligence is, that although there may have been negligence on the...entitled to recover ; if by ordinary care he might hare avoided them, he is the author of his own wrong. (Butterfield v. Forrester, 11 Substitute for... | |
 | Herbert Broom - Legal maxims - 1845 - 544 pages
...Midge v. Goodwin, 5 C. & P. 190. avoided the consequences of the defendant's negligence, he will be entitled to recover ; if, by ordinary care, he might have avoided them, he must be considered as the author of his own wrong (g). Ordinary care, it has, moreover, been observed,... | |
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