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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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United States Supreme Court Reports, Volume 4

United States. Supreme Court - Law reports, digests, etc - 1910 - 700 pages
...recover; for that two I.— 2 Lev. 196. 2,— 11 Bast, 60. things must concur to support the action: obstruction in the road by the fault of the defendant,...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...
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Pacific States Reports: Extra Annotated, Book 22

Law reports, digests, etc - 1911 - 2156 pages
...not dispense with another's using ordinary care for himself. 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. In the case of Bridge v. The Grand Junction Railway Co., 3 M. & W. 244, PAKKE, B., says : " The rule...
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Select Cases on the Law of Torts: With Notes, and a Summary of ..., Volume 2

John Henry Wigmore - Torts - 1912 - 1076 pages
.... . . One person being in fault will not . dispense with another's using ordinary care for himself. only when he was caught and bound; but then rather Rule refused. 633. GREENLAND ». CHAPIN EXCHEQUER OF PLEAS. 1850 5 Exch. 243 CASE for negligence in...
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Cyclopedia of Law ...

Charles Erehart Chadman - Law - 1912 - 796 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...want of ordinary care to avoid it on the part of the plaintiff."6 It is not generally contributory negligence for one not to anticipate the negligence or...
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Cases on the Law of Torts, Volume 2

Francis Hermann Bohlen - Torts - 1915 - 858 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. PLUCKWELL t: WILSON. Court of King's Bench, 1832. 5 Carrington & Payne, 375. Action for...
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Cases on Torts: With Abstracts of Lectures Upon Several Torts

Charles Albert Keigwin - Torts - 1915 - 604 pages
...them. One person's 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. Davies vs. Mann, 10 M. & W. 546. Exchequer (1842) . THE DONKEY CASE. The plaintiff fettered the fore...
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Cases on Torts: With Abstracts of Lectures Upon Several Torts

Charles Albert Keigwin - Torts - 1915 - 584 pages
...them. One person's 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 rond hy the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff....
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United States Circuit Courts of Appeals Reports: With Key-number ..., Volume 162

Appellate courts - 1919 - 744 pages
...ordinary care for himself, lathings must concur to support the action, an obstruction in the road, by tit fault of the defendant, and no want of ordinary care to avoid it on tte part of the plaintiff." The rule laid down in that case has been ever since followed in the courts...
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The Law of Torts: A Treatise on the English Law of Liability for Civil Injuries

Sir John William Salmond - Torts - 1920 - 660 pages
...says: " 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." 2. The rational basis of this rule of contributory negligence has been the subject of much debate....
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Revue Du Barreau Canadien, Volume 1

Bar associations - 1923 - 920 pages
...against them. One person being at 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." Among earlier cases in the English Court of King's Bench some of the decisions go so far as to hold...
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