 | Encyclopedias and dictionaries - 1833 - 874 pages
...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... | |
 | Law reports, digests, etc - 1897 - 518 pages
...by the exercise of ordinary care have avoided the consequences of the defendants' negligence, he is entitled to recover. From what I have found as to...by the exercise of ordinary care have avoided the consequence of the tug's negligence, and ought to have done so. I find that the grounding was directly... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1838 - 828 pages
...that rule is, that, although there may have been negligence on the part of the plaintiff, yet, unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,... | |
 | Ireland. Court of King's Bench - Law reports, digests, etc - 1850 - 646 pages
...stated, that " although there may have been " negligence on the part of the plaintiff, yet, unless he might by " the exercise of ordinary care have avoided the consequences of " the defendant's negligence, he is entitled to recover ; if by ordinary "care he might have avoided them,... | |
 | Great Britain. Court of Exchequer - Law reports, digests, etc - 1840 - 554 pages
...rule to be, that although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them,... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1841 - 922 pages
...that rule is, that, although there may have been, negligence on the part of the plaintiff, yet, unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,... | |
 | William Selwyn - Nisi prius - 1842 - 822 pages
...the rule is, that although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,... | |
 | Archibald John Stephens - Arbitration and award - 1842 - 998 pages
...that rule is, that although there may have been negligence on the part of the plaintiff, yet, unless he might, by the exercise of ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,... | |
 | Law - 1843 - 534 pages
...negligence is, that although there may have been negligence on the pait of the plaintiff, yet unless he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove... | |
 | Law - 1844 - 510 pages
...negligence is, that although there may have been negligence on the part of the plaintiff, yet unless he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove... | |
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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... 
