 | 1833 - 874 páginas
...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... | |
 | 1897 - 518 páginas
...[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... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1838 - 828 páginas
...law is laid down with perfect correctness in the case of Butterfield v. Forrester: and that rule is, that, although there may have been negligence on the...recover : if by ordinary care he might have avoided them, he is the author of his own wrong. That is the only way in which the rule as to the exercise... | |
 | Ireland. Court of King's Bench - 1850 - 646 páginas
...consequences " of the defendants' negligence." In a note to Raisin v. Mitchell (b) the result is thus stated, that " although there may have been " negligence on...recover ; if by ordinary "care he might have avoided them, he is the author of his own Bradley v. Waterhovse is the foundation of a class of cases relied... | |
 | Great Britain. Court of Common Pleas, John Scott - 1841 - 922 páginas
...down 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...recover : if by ordinary care he might have avoided them, he is the author of his own wrong. That is the only way in which the rule as to the exercise... | |
 | William Selwyn - 1842 - 822 páginas
...been 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...recover : if by ordinary care he might have avoided them, he is the author of his own wrong (A). " If I am guilty of negligence in leaving a dangerous... | |
 | Archibald John Stephens - 1842 - 998 páginas
...Baron 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...recover : if by ordinary care he might have avoided them, he is the author of his own wrong." (12) If a horse and cart be left standing in the street,... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1843 - 842 páginas
...Company v. Robins, 593 NEGLIGENCE. When 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 waggon against and killed an ass, which... | |
 | 1843 - 534 páginas
...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... | |
 | John Simcoe Saunders - 1844 - 594 páginas
...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... | |
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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... 
