 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1917 - 772 str.
...controversy is whether or no the trainmen who were operating the train that collided with the mare saw, or, by the exercise of ordinary care could have seen, the mare in time to have avoided the accident. Counsel for defendant, in their printed brief, say, referring... | |
 | 1910 - 2132 str.
...that place, which wa^ approaching the car upon which the plaintiff then and there was, as afons said, saw, or by the exercise of ordinary care could have seen, the plaintifl •in the position in which he then and there was, in time to have avoided Injuring Elm,... | |
 | 1912 - 1148 str.
...make it impossible for the motormau to stop the car before the accident, or if the motorman, after he saw, or by the exercise of ordinary care could have seen, the child in a position of danger, did everything that a reasonably careful man would do under like circumstances... | |
 | 1904 - 1060 str.
...the fireman, who tes- ¡ titled that he was also keeping a lookout, did not; and if either of them saw, or by the exercise of ordinary care could have seen, the signal, It was the duty of the engineer to have stopped the train. The Instruction refused by the court... | |
 | William John Tossell - 1909 - 958 str.
...Traction Co. v. Jennings. control to such an extent that he could have avoided the accident after he saw, or by the exercise of ordinary care could have seen, the vehicle on the track. Is not erroneous. S. DRIVING IN FRONT OF AN APPEOACHINO ELECTBIC CAR NOT NEGLIGENCE,... | |
 | William John Tossell - 1918 - 752 str.
...motorman had his car under control to such an extent that he could have avoided the accident after he saw, or by the exercise of ordinary care could have seen, the vehicle on the track. "Nor is it error to charge that 'it is not negligence in the driver of a vehicle... | |
 | Tennessee. Supreme Court, William Wilcox Cooke, Joseph Brown Heiskell, Jere Baxter, Benjamin James Lea, George Wesley Pickle, Charles Theodore Cates, Frank Marian Thompson, Charles Le Sueur Cornelius, Roy Hood Beeler - 1898 - 822 str.
...have his car under proper control, etc., there can be no recovery. The second suggests that "if he saw, or by the exercise of ordinary care could have seen, the child in a place of danger, or going into a place of danger," etc. As the first had excused him from... | |
 | Missouri. Courts of Appeals - 1904 - 822 str.
...care, might have seen him in time and averted the accident, failed to do so. If defendant's motorman saw, or by the exercise of ordinary care could have seen, the peril of plaintiff, even though caused by her own negligence, in time to avoid injury to her, the plaintiff... | |
 | J. C. Wells, Frank L. Wells, Edward Warren Hines, Horace C. Brannin, William Pope Duvall Bush, Findlay Ferguson Bush, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1905 - 1408 str.
...question that should have been submitted to the jury was whether those in charge of the- fast train saw, or by the exercise of ordinary care could have seen, the train in charge of deceased In time to have stopped or checked their train and saved deceased from... | |
| |
Appellant bases its claim of contributory negligence on the proposition that plaintiff saw, or by the exercise of ordinary care could have seen, the defect in time to have avoided it. 
