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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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Prize Cases Decided in the United States Supreme Court, 1789-1918 ..., Volume 2

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,...
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Proceedings of the ... Annual Meeting of the Canadian Bar Association, Volume 8

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...
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Selected Essays on the Law of Torts

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...
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Selected Essays on the Law of Torts

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....
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The Federal Reporter, Volume 250

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...
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The Law of Torts

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...
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The Central Law Journal, Volume 97

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...
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Cases on the Law of Torts

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...
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The Law of Municipal Corporations, Volume 7

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...
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The Law of Torts: A Treatise on the English Law of Liability for Civil Injuries

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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