 | Charles Manley Smith - Labor laws and legislation - 1860 - 622 pages
...caution the misfortune would not have happened, or if the defendant might by the exercise of caution on his part have avoided the consequences of the neglect or carelessness of the plaintiff. This appears to be the result dcdiicible from the opinion of the judges in the cases of Buttrrfield... | |
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1861 - 652 pages
...it were such that, but for " that negligence or want of ordinary care and caution, the misfor" tune could not have happened ; nor, if the defendant might,...of " the neglect or carelessness of the plaintiff. This appears to be " the result deducible from the opinion of the Judges in Butterfield " v. Forrester... | |
 | Albert Venn Dicey - Parties to actions - 1870 - 582 pages
...caution, would not disentitle him to recover, unless it were such that but for that negligence and want of ordinary care and caution, the misfortune...consequences of the neglect or carelessness of the plaintiff" (i). The contributory negligence of the plaintiff must, in order to free the defendant from liability,... | |
 | Law - 1872 - 438 pages
...the misfortune could not have happened, nor if the defendants might, by the exercise of care on their part, have avoided the consequences of the neglect or carelessness of the plaintiff." //'•'.''. that the instructions prayed for did not embody the correct rule of law in cases of negligence;... | |
 | New South Wales. Supreme Court - Law reports, digests, etc - 1871 - 554 pages
...happened. "Mere negligence, or want of ordinary care or caution, would not, however, disentitle a plaintiff to recover, unless it were such that but for that...consequences of the neglect or carelessness of the plaintiff. "Ordinary care must mean that degree of care which may reasonably be expected from a person in a plaintiffs... | |
 | Thomas William Saunders - Liability - 1871 - 338 pages
...caution the misfortune would not have happened; or if the defendant might by the exercise of caution on his part have avoided the consequences of the neglect or carelessness of the plaintiff." See also Flower v. Adam, 2 Taunt. 314. In Bridge v. The Grand Junction Railway Co. (3 Mee. & W. 244),... | |
 | Law - 1899 - 710 pages
...or want of ordinary and common care and caution, that, but for such negligence or want of ordinary r care and caution on his part, the misfortune would...of the neglect or carelessness of the plaintiff." The rule so stated was fully recognized and adopted by the House of Lords in Radley v. London & North... | |
 | Melville Madison Bigelow - Torts - 1875 - 808 pages
...caution on his part, the misfortune would not have happened." " In the first case," say the court, "the plaintiff would be entitled to recover; in the...of the neglect or carelessness of the plaintiff." This, it was added, appeared to be the result deducible from the opinion of the judges in Butterfield... | |
 | Melville Madison Bigelow - Torts - 1875 - 830 pages
...the misfortune could not have happened ; nor if the defendant might, by the exercise of care on bis part, have avoided the consequences of the neglect or carelessness of the plaintiff." This, it was added, appeared to be the result deducible from the opinion of the judges in Butterfield... | |
 | Louis Arthur Goodeve - Railroad law - 1876 - 180 pages
...entitled to recover, in the latter not ; as, but for his own fault, the misfortune would not CHAP. III. have happened. Mere negligence or want of ordinary...consequences of the neglect or carelessness of the plaintiff" (<). This doctrine has been recently applied (in 1875) to the following circumstances (?t). Armstrong,... | |
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Mere negligence or want of ordinary care or caution would not, however, disentitle him to recover, unless it were such that, but for that negligence or want of ordinary care and caution, the misfortune could not have happened, nor if the defendant might,... 
