 | Law - 1872 - 438 pages
...defendants' servants or whether the plaintiff herself so far contributed to the misfortune, by her own negligence or want of ordinary and common care...negligence or want of ordinary care and caution on her part, the misfortune would not have happened; that, in the first case, the plaintiff would be entitled... | |
 | Albert Venn Dicey - Parties to actions - 1870 - 582 pages
...by ordinary care he might have avoided them, he is the author of his own wrong" (h). "The question is whether the damage was occasioned entirely by the...conduct of the defendant, or whether the plaintiff so far contributed to the misfortune by his own negligence and want of care or caution, that but for... | |
 | Law - 1881 - 572 pages
...or that the injury was in no degree attributable to want of proper care 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... | |
 | Law - 1881 - 572 pages
...or that the injury was in no degree attributable to want of proper care 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... | |
 | Thomas William Saunders - Liability - 1871 - 338 pages
...appears to us that the proper question for the jury in this case, as indeed of all others of a like kind, is, whether the damage was occasioned entirely by...caution on his part the misfortune would not have happened ? In the first case the plaintiff would be entitled to recover; in the latter, not, as but... | |
 | New South Wales. Supreme Court - Law reports, digests, etc - 1871 - 554 pages
...Legal Maxims (a). The consideration for the jury is, " Whether the damage was occasioned entirely by negligence or improper conduct of the defendant, or...caution on his part, the misfortune would not have happened. "Mere negligence, or want of ordinary care or caution, would not, however, disentitle a plaintiff... | |
 | Law - 1899 - 710 pages
...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...that, but for such negligence or want of ordinary r care and caution on his part, the misfortune would not have happened. In the first case the plaintiff... | |
 | James Kent - Law - 1873 - 690 pages
...Contributorg Negligence. — The settled form of question for the jury in the common law courts in England is, whether the damage was occasioned entirely by...caution on his part, the misfortune would not have happened. Tuff v. Warman, 5 CBN s. 573 ; Walton v. London, Brighton, &c., CR Co., Harr. 4 Ruth. 424,... | |
 | Law - 1881 - 638 pages
...relation, is not disputed. When the defense is contributor}' negligence, tho proper question for the jury is, whether the damage was occasioned entirely by...misfortune by his own negligence or want of ordinary or common care and caution, that but for such negligence or want of ordinary care and caution on his... | |
 | Herbert Broom - Legal maxims - 1874 - 880 pages
...be that where the doctrine referred to is involved, the question for the jury will be as follows — "Whether the damage was occasioned entirely by the...to the misfortune by his own negligence or want of 1 Parnaby c. Lancaster Canal Co., 11 A. & E. 223, 243 (39 ECLR) ; Birkett v. Whitehaven Junction RC,... | |
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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... 
