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" ... 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 8
by Michael McDermott - 1879 - 586 pages
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The Law of Railways: Embracing Corporations, Eminent Domain ..., Volume 2

Isaac Fletcher Redfield - Railroad law - 1867 - 944 pages
...inquiry : " One person being in fault will not dispense with another using ordinary care for himself. Two things must concur to support this action, — an obstruction in the road, by the default of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff." 6....
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Leading American Railway Cases: On Most of the Important Questions Involved ...

Isaac Fletcher Redfield - Leading cases - 1870 - 708 pages
...some fault must be shown in the defendant. In case for obstructing a highway, Lord Elleriborough, CJ, says, " two things must concur to support this action...part of the plaintiff." Butterfield v. Forrester, 11 East, 60. And Judge Buller says, " every man ought to take reasonable care that it does not injure...
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The American Reports: Containing All Decisions of General ..., Volume 36

Isaac Grant Thompson - Law reports, digests, etc - 1881 - 968 pages
...BOROUGH, "must concur to support this action, an obstruc tion in Vor.. XXXVI—47 Murray v. McShane. the road by the fault of the defendant, and no want of ordiuar? care to avoid it on the part of the plaintiff." Bytterfieldi. Forrester, 11 East, 60. If however...
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A Treatise on the Employers' Liability Act, 1880: 43 & 44 ..., Volume 945

Edmond Robert Turner - Agency (Law) - 1882 - 210 pages
...against them. 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...ordinary care to avoid it on the part of the plaintiff." In a more modern case (&) Wightman, J., delivering the judgment of the Court of Exchequer Chamber,...
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Book 4

United States. Supreme Court - Law reports, digests, etc - 1882 - 796 pages
...could not recover; for that two 1.-2 Lev. 196. 2.-11 Eust.flO. 2.Ï8 things must concur to support the action: an obstruction in the road by the fault of...the defendant. and no want of ordinary care to avoid il on the part of the plaintiff. Upon the •principle of these cases, the appellant [*350 is exempted...
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Centralblatt für rechtswissenschaft ..., Volume 10

1891 - 492 pages
...einem Spezialfalle erklärte daher Lord Ellen bor ough in der Queen's Bench: Two things must occur to support this action, an obstruction in the road by the fault of the, defendant, and no waut of ordinary care to avoid it 011 the part of the plaintiff. Der nämliche Grundsatz wurde anerkannt...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 34

Louisiana. Supreme Court - Law reports, digests, etc - 1883 - 1388 pages
...for himself. Two things must concur to support an action. An obstruction iu the road, by the default of the defendant, and no want of ordinary care to avoid it on the part of the, plaintiff.'' W hartón on Negligence, Sec 1, and notes ; Redfielilon KW, vol. ii. pp. 246, 247, and notes. If it...
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The Ohio Law Journal, Volume 3

Law - 1883 - 818 pages
...himself. Two things must concur to support an action. An obstruction in the road, by the default cf the defendant, and no want of ordinary care to avoid it on the part of the plaintiff'." Wharton on Neg. § 1, and notes; Redfield on Railw. vol. 2, pp. 246. 247, and notes. If it be true...
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West Coast Reporter ...: Containing All the Decisions as Fast ..., Volumes 9-10

Law reports, digests, etc - 1886 - 1338 pages
...against them; 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...ordinary care to avoid it on the part of the plaintiff." In the case at bar we have the spurious deed executed by a pretender in the name of West, and negligently...
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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 - Railroad law - 1885 - 732 pages
...and caution. Two things must concur to support the action : an obstruction in the road on the part of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff." See Butterfield v. Forrester, 11 East, 62 ; Baltimore & PEE Co. v. Jones, 95 US 439, and authorities...
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