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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... "
A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius - Seite 359
von Henry Roscoe - 1844 - 832 Seiten
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The Encyclopaedia Britannica: A Dictionary of Arts, Sciences, and ..., Band 5

1833 - 874 Seiten
...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...
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The Law Journal Reports, Band 66

1897 - 518 Seiten
...[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...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Band 3

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1838 - 828 Seiten
...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...
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Irish Law Reports: Particularly of Points of Practice, Argued and ..., Band 12

Ireland. Court of King's Bench - 1850 - 646 Seiten
...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...
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Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1841 - 922 Seiten
...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...
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An Abridgment of the Law of Nisi Prius, Band 2

William Selwyn - 1842 - 822 Seiten
...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...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Band 3

Archibald John Stephens - 1842 - 998 Seiten
...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,...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Band 10

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1843 - 842 Seiten
...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...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

1843 - 534 Seiten
...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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The Law of Pleading and Evidence in Civil Actions: Arranged ..., Band 1

John Simcoe Saunders - 1844 - 594 Seiten
...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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