... 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
 | Law reports, digests, etc - 1905 - 1026 pages
...•words: "One person being in fault will not dispense with another's using ordinary cure for himself. Two things must concur to support this action. An obstruction in the road, end no want of ordinary care to avoid it on the part of the plaintiff." The rule of law laid down in... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1907 - 1126 pages
...said: "One person being in fault will not dispinse 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." The courts are irreconcilably divided upon the question as to whether the burden of proving contributory... | |
 | Law reports, digests, etc - 1907 - 1164 pages
...case of Butterfield v. Forrester, 11 East, 59, determined nearly 100 years ago, wherein It Is said: "Two things must concur to support this action —...defendant, and no want of ordinary care to avoid It" It Is said In the case of Palmer v. Inhabitants of Andover, 2 Cush. (Mass.) 605, that the doctrine... | |
 | Sir John William Salmond - Torts - 1907 - 574 pages
...liable, and the nature of his employment was such that he could not be presumed to be their servant. obstruction in the road by the fault of the defendant,...ordinary care to avoid it on the part of the plaintiff." Rational ba- 2. The rational basis of this rule of contributory negligence discussed™ 16 has 1tjeen... | |
 | Law reports, digests, etc - 1907 - 1368 pages
...Butterfield v. Forrester, 11 East, .CO, determined nearly one hundred years ago, wherein it is said: "Two things must concur to support this action, — an obstruction in the road by the fault of Of course, in order to hold the municipality liable in any case, it must be shown that the municipal... | |
 | Thomas Beven - Negligence - 1908 - 960 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, an...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. ;3 Parke,... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1908 - 1174 pages
...Butterfield v. Forrester, 11 East, 59, determined nearly one hundred years ago. wherein it is said: "Two things must concur to support this action : An...defendant, and no want of ordinary care to avoid it." It is said in the case of Palmer v. Inhabitants of Andover, 2 Gush. 600, that the doctrine announced... | |
 | Law reports, digests, etc - 1908 - 1254 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 —...obstruction In the road by the fault of the defendant, :nui no want of ordinär}- care to avoid it on Uie part of the plaintiff." The doctrine announced by... | |
 | John Cleland Wells, Edward Warren Hines, Frank L. Wells, Horace C. Brannin, William Cromwell, William Pope Duvall Bush, William Jefferson Chinn, Findlay Ferguson Bush, Walter G. Chapman, R. G. Higdon, Thomas Robert.. McBeath - Law reports, digests, etc - 1908 - 1286 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 obstruction In the road by the f&ult of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff." The... | |
 | James Barr Ames, Jeremiah Smith - Torts - 1909 - 760 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. Rule refused. DAVIES v. MANN. 1842. 10 Meeson fr Welsby, 546. CASE for negligence. The declaration... | |
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