... 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
 | United States. Supreme Court, James Brown Scott - Prize (international law) - 1923 - 770 pages
...was, therefore, decided, that he could not recover ; for that two things must concur to support the action : an obstruction in the road by the fault of the defendant, and no want of p. 35o ordinary care, to avoid it, on the part of the plaintiff. Upon the | principle of these cases,... | |
 | Canadian Bar Association - Law - 1924 - 534 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... | |
 | Torts - 1924 - 794 pages
...due care for himself. Two things must concur to support this action : an obstruction in the highway, and no want of ordinary care to avoid it on the part of the plaintiff."2 In Butterfield v. Forrester, the defendant was not present at the time and place of the... | |
 | Torts - 1924 - 792 pages
...trial, said : " One person being in fault will not dispense with another's using due care for himself. Two things must concur to support this action : an obstruction in the highway, and no want of ordinary care to avoid it on the part of the plaintiff."2 In Butterfield v.... | |
 | Law reports, digests, etc - 1918 - 1052 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." The rule laid down in that case has been ever since followed in the courts, of that country and of... | |
 | George Luther Clark - Torts - 1922 - 412 pages
...with another's using care for himself. Two things must concur to support this action: an obstniction in the road by the fault of the defendant, and no...ordinary care to avoid it on the part of the plaintiff." The policy of the law behind the doctrine of contributory negligence is to place upon all members of... | |
 | Law - 1924 - 440 pages
...support an action by the hirer based upon such fault or defect. First, fault of the bailor, and second, no want of ordinary care to avoid it on the part of the hirer. If such fault or defect only created a dangerous passive condition and the subsequent want of... | |
 | Lyman P. Wilson - Torts - 1928 - 1130 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. Per Curiam, rule refused. SPEAR, J., in Cincinnati Traction Co. v. Forrest, (1905) 73 Ohio 1, 75 NE... | |
 | Eugene McQuillin - Corporation law - 1928 - 1032 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.' " Wheat v. St. Louis, 179 Mo. 572, 78 SW 790, 64 L. RA 292. "A city may not leave open to travel by... | |
 | Sir John William Salmond - Torts - 1928 - 776 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...want of ordinary care to, avoid it on the part of ithe plaintiff." j*° S . "~.ft*&~~~* ~~~ ****• " ^* Y&~ j^uj'n '' f <^*~/P *' r ^ ***A £**•-*—%<»... | |
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