 ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part...  The Civil-engineer & Surveyor's Manual - Page 72-10by Michael McDermott - 1879 - 586 pagesFull view - About this book
 | Great Britain. Court of King's Bench, Sir Edward Hyde East - Law reports, digests, etc - 1810 - 756 pages
...another's uling ordinary care for himfelf. Two things muft concur to fupport this a£lion, an obftru&ion in the road by the fault of the defendant, and no...ordinary care to avoid it on the part of the plaintiff. Per Curiam, Rule refufed. (a) The book cites Cartb. 194. and 451. in the margin, which reftrmeet do... | |
 | Isaac 'Espinasse - Actions and defenses - 1812 - 376 pages
...concur to fupport the action, an " obftruction in the road by the fault of the defendant, and tin '! want of ordinary care to avoid it on the part of the plaintiff.'' The " rule therefore fcems to be correft as above laid down, 3. 4. « WhereСо. Lia 56, z. Kabelt... | |
 | United States. Supreme Court - Law reports, digests, etc - 1817 - 584 pages
...was, therefore, decided, that he could not recover; for that two things must concur to support the action : an obstruction in the road by the fault of...ordinary care, to avoid it, on the part of the plaintiff. Upon the a 2 Z,w. 196. 6 11 JEiwt,60. 1817. principle of these cases, the appellant is exempted v-*"v"^>... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1818 - 636 pages
...defendant, and the court confirmed the finding : Lord Ellenborough saying, amongst other observations, that two things must concur to support this action ; an...ordinary care to avoid it on the part of the plaintiff. Here those two things do concur, the wilful erection of these spear? by the defendant, for an unlawful... | |
 | Great Britain. Court of Common Pleas, William Pyle Taunton - 1819 - 766 pages
...Defendant, and the Court confirmed the finding ; Lord Ettenborough saying, amongst other observations, that two things must concur to support this action, an...ordinary care to avoid it on the part of. the Plaintiff. Here those two things do concur, the wilful erection of these spears by the Defendant, for an unlawful... | |
 | Richard Burn - Justices of the peace - 1820 - 834 pages
...shew cause why there should not be a new trial, it was refused, and Lord Ellenborough CJ, said that two things must concur to support this action, an...ordinary care to avoid it on the part of the plaintiff. Brewhouse, It hath been holden, that it is no common nuisance to make yard glasshouse, hog- candles... | |
 | Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1835 - 526 pages
...That one person being in fault, will not dispense with another's using ordinary care for himself. That two things must concur, to support this action: an...care, to avoid it, on the part of the plaintiff." To the same effect is the law cited,* where it is said, that "if WWheat's^16 immed>ate and proximate... | |
 | Esek Cowen, New York (State). Supreme Court - Law reports, digests, etc - 1837 - 826 pages
...care, he might have avoided it ; and the court held (hat no action lay. Lord Ellenborough remarks, "Two things must concur, to support this action; an...ordinary care to avoid it, on the part of the plaintiff." And he instances the case of persons travelling upon what is considered the wrougsideof the road ;... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1841 - 922 pages
...favorable for the plaintiff than that in Butterfield v. Forrester. Lord Ellenbonnigh in that case, says : " Two things must concur to support this action...ordinary care to avoid it on the part of the plaintiff." That doctrine precisely applies to this case. But I am not satisfied that the jury have in this case... | |
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