... 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
 | Norman Fetter - Carriers - 1897 - 888 pages
...said : "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." 1 This doctrine of contributory negligence prevails in all the states of the American Union,4 § 125.... | |
 | Law reports, digests, etc - 1897 - 1068 pages
...right * * * 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." Again: "Applying the foregoing principles to overhead structures, it is said In 3 Wood, RR p. 1747,... | |
 | Railroad law - 1897 - 854 pages
...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,...ordinary care to avoid it on the part of the plaintiff." Again : "Applyin g the foregoing principles to overhead structures, it is said in 3 Wood, RR p. 1747,... | |
 | Newfoundland. Supreme Court - Law reports, digests, etc - 1897 - 1028 pages
...must concur to support this action, an obstruction on the road by the fault of the defendant, and the want of 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 Ry. Co., L> M.... | |
 | David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - Law - 1898 - 1208 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." Eule Never Departed from. — The docirine thus laid down in 1809 by the English Court of King's Bench... | |
 | Louisiana. Supreme Court - Law reports, digests, etc - 1898 - 992 pages
...right. * * * 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." Again : " Applying the foregoing principles to overhead structures it is said in 3 Woods on 'Railroads,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1901 - 1124 pages
...not recover; for that two 1. — 2 T.ev. 100. 2. — 11 East, GO. 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 •principle of these cases, the appellant [*350 is exempted from all liability. Nor is he... | |
 | Ernest Arthur Jelf - Law - 1903 - 140 pages
...dispense with another's using ordinary care himself. Two things must concur to support this action — (1) an obstruction in the road by the fault of the defendant, and (2) no want of ordinary care to avoid it on the part of the plaintiff. " The rule was accordingly refused.... | |
 | Law reports, digests, etc - 1904 - 1072 pages
...right. . . . One person being in fnult will not dispense with another's using ordinary care for himself. Two things must concur to support this action —...in the road by the fault of the defendant, and no Avant of ordinary care to avoid it on the part of the plaintiff." liuttrrfield v. Forrester, 11 East,... | |
 | Law reports, digests, etc - 1905 - 1096 pages
...distiuction. Davis v. Chicago & NWB Co. 58 Wis. 646. .action for damages for tniury from street obstruction. Two things must concur to support this; action—...ordinary care to avoid it on the part of the plaintiff. This rule, stated in different language, has been consistently and uniformly declared and adhered to... | |
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