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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 72-10
by Michael McDermott - 1879 - 586 pages
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The Pacific Reporter, Volume 9

Law reports, digests, etc - 1886 - 988 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 Decisions: Containing All the Cases of General Value ..., Volume 48

Law reports, digests, etc - 1886 - 866 pages
...using ordinary care for himself. Two things must concur to support this action — an obstruction on the road by the fault of the defendant, and no want...ordinary care to avoid it on the part of the plaintiff. In Handaysyde. v. Wilson, 3 Car. & P. 528, it was urged by counsel that there was no law of the sea...
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The American Decisions: Containing All the Cases of General Value ..., Volume 55

Law reports, digests, etc - 1886 - 910 pages
...action like the present, two things must concur — an obstruction or hinderance in the road or highway by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff. In that case the plaintiff had been guilty of actual misconduct in riding furiously through a street...
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Atlantic Reporter, Volume 26

Law reports, digests, etc - 1893 - 1164 pages
...ordinary care for himself. Two thing« must concur to support this action. An obstruction in the road, and no want of ordinary care to avoid it on the part of the plaintiff." The rule of law laid down in Butterfleld v. Forrester was expressly approved in Bridge v. Hallway Co.,...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 34

California. Supreme Court - Law reports, digests, etc - 1887 - 776 pages
...thus : " One person being in fault will not dispense with another's using ordinary care for himself. Two things must concur to support this action —...ordinary care to avoid it on the part of the plaintiff." This mode of statement has been substantially followed in all the subsequent cases. The gravamen of...
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The Southwestern Reporter, Volume 110

Law reports, digests, etc - 1908 - 1256 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 —...ordinary care to avoid It on the part of the plaintiff." The doctrine announced by the learned judge In this opinion is recognized as the correct rule, and...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 112

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1888 - 680 pages
...one under consideration. " Two things must concur," said that learned judge, "to support thisaction, an obstruction in the road by the fault of the defendant,...ordinary care to avoid it on the part of the plaintiff." Thi.s rule, stated in different language, has been consistently and uniformly declared and adhered...
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Reports of Cases Argued and Adjudged in the Supreme Court of the District of ...

District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - Law reports, digests, etc - 1889 - 414 pages
...follows: "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 pajt of the plaintiH'." On...
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Negligence in Law: General relations

Thomas Beven - Negligence - 1895 - 1072 pages
...dispense with Lord'Eiienanother.s using ordinary care for himself. Two things must boron8h; CJconcur to support this action, an obstruction in the road...ordinary care to avoid it on the part of the plaintiff." This was approved and adopted by the Court of Exchequer in Bridge v. Grand Junction Railway Bridge...
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Cases on Torts: Selected and Arranged for the Use of Law Students in ...

Francis Marion Burdick - Torts - 1895 - 628 pages
...words : " 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, and no want of ordinary care to avoid it on the part of the plaintiff.'' The rule of law laid down...
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