I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise of ordinary... A Treatise on the Law of Negligence - Page 294by Francis Wharton - 1874 - 889 pagesFull 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
...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 part...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... | |
| Ireland. Court of King's Bench - Law reports, digests, etc - 1850 - 646 pages
...the defendants' negligence." In a note to Raisin v. Mitchell (b) the result is thus stated, that " although there may have been " negligence on the part...might have avoided them, he is the author of his own Bradley v. Waterhovse is the foundation of a class of cases relied on by the defendants, but the principle... | |
| Great Britain. Court of Exchequer - Law reports, digests, etc - 1840 - 554 pages
...plaintiff's negligence. In Butterfield v. Forrester («'), Lord Ellenborough states the rule to be, that although there may have been negligence on the part...have avoided them, he is the author of his own wrong. Lord ABINGER, CB — I think the plea is bad in substance. PARKE, B. — I also think the plea bad... | |
| Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1841 - 922 pages
...with perfect correctness in the case of Butterfield v. Forrester, 11 East, 60; and that rule is, that, although there may have been, negligence on the part...have avoided them, he is the author of his own wrong. That is the only way in which the rule as to the exercise of ordinary care is applicable to questions... | |
| Archibald John Stephens - Arbitration and award - 1842 - 998 pages
...Parke said, " The rule of law is laid do« in Butterfield v. Forrester (11), and that rule is, that although there may have been negligence on the part...avoided them, he is the author of his own wrong." (12) If a horse and cart be left standing in the street, without any person to watch them, the owner,... | |
| William Selwyn - Nisi prius - 1842 - 822 pages
...negligence in both parties, and yet the plaintiff may be entitled to recover ; for the rule is, that although there may have been negligence on the part...have avoided them, he is the author of his own wrong (A). " If I am guilty of negligence in leaving a dangerous thing in a place, where accidents are likely... | |
| 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... | |
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