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" But there is another proposition equally well established, and it is a qualification upon the first, namely, that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet,... "
Cases on Torts: Selected and Arranged for the Use of Law Students in ... - Strana 525
autor/autoři: Francis Marion Burdick - 1895 - 602 str.
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Albany Law Journal, Svazek 37

1888 - 556 str.
...qualification of the general rule as to the legal effect of contributory negligence, which is this, that though the plaintiff may have been guilty of...happened, the plaintiff's negligence will not excuse him. This qualification was clearly stated in the case of Tuff v. Warman, 5 CB (NS) 573, so often referred...
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The Law Magazine and Review: For Both Branches of the Legal Profession at ...

1899 - 710 str.
...negligence is, as was said in the Court of Exchequer Chamber, perfectly well settled and beyond dispute. The first proposition is a general one to this effect,...happened, the plaintiff's negligence will not excuse him. This proposition, as one of law, cannot be questioned. It was decided in the case oiDavies v. Mann...
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The Law Reports: Appeal cases before the House of Lords (English ..., Svazek 1

Charles Clark, Great Britain. Parliament. House of Lords - 1876 - 842 str.
...that negligence .may, in fact, have contributed to the accident which is the subject of the action, yet, if the Defendant could, in the result, by the...happened, the Plaintiff's negligence will not excuse him. A railway company was in the habit of taking full tracks from the siding of a colliery owner, and returning...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Svazek 4

1877 - 692 str.
...negligence of the plaintiffs, have made the accident impossible. It is well established that, although the plaintiff may have been guilty of negligence,...happened, the plaintiff's negligence will not excuse him. Chamber reversed, and new trial ordered. Opinion by Lord Pe.nzn.nce ; the Lord Chancellor and Lords...
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Reports of cases argued and determined in the Supreme court of New ..., Svazek 5

John Campbell Allen - 1878 - 714 str.
...in cases of this kind, was that though the plaintiff may have been guilty <?{ negligence, and though that negligence may, in fact have contributed to the...diligence, have avoided the mischief which happened, the plaintifl-'s negligence would not excuse him. — REPORTER. ANSLEY against THE ALBERT MINING COMPANY....
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Reports of Cases in the Supreme Court of Appeals of Virginia

Virginia. Supreme Court of Appeals - 1880 - 964 str.
...been guilty of any negligence or want of ordinary care which contributed to cause the accident. 2. But though the plaintiff may have been guilty of negligence,...diligence, have avoided the mischief which happened, the plaintift's negligence will not excuse him. 3. On a demurrer to evidence, the demurrant must be considered...
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The Southern Law Review: And Chart of the Southern Law and ..., Svazek 5

1880 - 920 str.
...2 See subdivision V., supra. 3 This we shall endeavor to show hereafter. VOL. V. NO. 6 56 tributed to the accident, yet if the defendant could in the...happened, the plaintiff's negligence will not excuse him. This proposition, as one. of law, cannot be questioned. It was decided in the case of Davies v. Mann,1...
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Pollock's Practice of the County Courts: With the Decisions of ..., Stránka 776

Charles Edward Pollock - 1880 - 1036 str.
...although that negligence may in fact have contributed to the accident which is the subject of the action, yet if the defendant could in the result, by the exercise...happened, the plaintiff's negligence will not excuse him (x). The plaintiff must prove negligence upon the part of Master and the defendant, or if the act be...
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The American Reports: Containing All Decisions of General ..., Svazek 31

Isaac Grant Thompson - 1880 - 886 str.
...accident, yet if the defendant, o-mld, in the result, by the exercise of ordinary care and diligence, havi: avoided the mischief which happened, the plaintiff's negligence will not excuse him." And his lordship adds: " This proposition, f»s one of law, cannot be questioned. It was decided in...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1881 - 730 str.
...ordinary care which contributed to the accident. And a well-established qualification of the rule is, that though the plaintiff may have been guilty of...happened, the plaintiff's negligence will not excuse him. Eadley v. Railway Co., LB, l App. С., 754, 1876. Here, perhaps, the ride is not qualified to so great...
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