 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,...  Southern Reporter - Page 601910Full view - About this book
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1833 - 812 pages
...negligence, or want of ordinary care and caution, the misfortune could not have happened ; nor if the defendant might, by the exercise of care on his part, have avoided the consequence of the neglect or carelessness of the plaintiff." This statement of the law, though it... | |
 | 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
...negligence or want of ordinary care and caution, the misfor" tune could not have happened ; nor, if the defendant might, by " the exercise of care on his...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... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1865 - 534 pages
...negligence or want of ordinary care and caution, the misfortune could not have happened ; nor if the defendant might by the exercise of care on his part have avoided the *consequences of ,-#Q the neglect or carelessness of the plaintiff. This appears to be ' the result deducible from the... | |
 | Albert Venn Dicey - Parties to actions - 1870 - 582 pages
...negligence and want of ordinary care and caution, the misfortune could not have happened ; nor if the defendant might by the exercise of care on his part...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,... | |
 | Great Britain. Courts - Law reports, digests, etc - 1870 - 540 pages
...negligence or want of ordinary care and caution, the misfortune could not have happened ; nor if the defendant might by the exercise of care on his part have avoided the *consequences of pg the neglect or carelessness of the plaintiff. This appears to be * ' the result deducible from the... | |
 | 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
...negligence or want of ordinary care and caution the misfortune could not have happened, nor if the defendant might by the exercise of care on his part...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... | |
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