This subject was fully considered by this Court in the case of Bridge v. The Grand Junction Railway Company, 3 M. & W. 246, where, as appears to me, the correct rule is laid down concerning negligence, namely, that the negligence which is to preclude... Law and Business ...: Introduction - Page 175by William Homer Spencer - 1911Full view - About this book
| Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1838 - 828 lehte
...(e). [Lord Abinger, CB — The negligence of the plaintiff, in order to preclude him from recovering, must be such as that he could by ordinary care have avoided the consequences of the defendants' negligence.] It is sufficiently averred in the plea, that the collision itself took place... | |
| Ireland. Court of King's Bench - 1850 - 646 lehte
...Railway Company, BANK' OF " w^ere> ^ appears to me, the correct rule is laid down concerning IHELAND. "negligence, namely, that the negligence which is...ordinary care have avoided the consequences " of the defendants' negligence." In a note to Raisin v. Mitchell (b) the result is thus stated, that " although... | |
| Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1843 - 852 lehte
...was fully considered by this Court in the case of Bridge v. The Grand Junction Railway Company (e), where, as appears to me, the correct rule is laid...of this nature, must be such as that he could, by (a) 1 C. &M.21. (d) 1 Ad. & E. (NS), 29; (6) 5 Carr. & P. 375. 4 P. & D. 672. (c) Ibid. 421. (e) 3... | |
| 1849 - 734 lehte
...fully considered by the court, in the case of Bridge v. the Grand Junction Railway Company (supra), where, as appears to me, the correct rule is laid...the negligence which is to preclude a plaintiff from recovery in an action of this nature must be such as that he could, by ordinary care, have avoided... | |
| Wisconsin. Supreme Court, Philip Loring Spooner, Abram Daniel Smith, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1861 - 604 lehte
...preclude him from a recovery. The negligence of the plaintiff, in order to preclude him from recovering, must be such as that he could, by ordinary care, have...avoided the consequences of the defendant's negligence. The rule of liability that attaches to the defendant may be stated in general terms, as follows, to... | |
| William Wait - 1879 - 1002 lehte
..."\V. 247, " the negligence of the plaintiff, in order to preclude him from a recovery, must be such that he could by ordinary care have avoided the consequences of the defendant's negligence'' (Beers v. Housatonic R. R. Co., 19 Conn. 566; Colgrove v. Neva Haven RR Co., 20 N. T. 492 ; Butterfield... | |
| 1908 - 1118 lehte
...rule of the court that "the negligence which is to preclude a plaintiff from recovery in an action must be such as that he could by ordinary care have...avoided the consequences of the defendant's negligence." The federal courts have followed in the line of this leading English case. In Gilbert v. Erie Railroad,... | |
| George Henry Hewitt Oliphant - 1882 - 724 lehte
...Cole/tester v. Brookt, 7 Q politan Hoard of Work», 2 F. & FB 377. 004. (/) Bridge v. The Grand Junctiftt 308 namely, that the negligence which is to preclude a...avoided the consequences of the defendant's negligence. Although the Ass may have been wrongfully there, still the defendant was bound to go along the road... | |
| David Rorer - 1884 - 996 lehte
...Co.. supra, "with reasonable care," The negligence of the plaintiff, to preclude him from a recovery, must be " such as that he could, by ordinary care, have avoided the consequences of the defendants' negligence."* "A party is not be the negligence of the parents: Pittsburg, Fort Wayne &... | |
| 1905 - 1156 lehte
...plaintiff from contributory negligence In this case. Taking the words of Baron Parke in Davies v. Mann, "the negligence which Is to preclude a plaintiff from recovering In an action of this nature most be such that he could by ordinanp care have avoided the consequence of the defendant's negligence,"... | |
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