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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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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 33

Nova Scotia. Supreme Court - 1901 - 620 pages
...himself. Two things must occur to support the action — an obstruction in the road by the default of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff'.' 1 Beav., 169, two cases cited. In Bridge v. Grand Junction Railway, Parke, B., said : ' The rule of...
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The Northeastern Reporter, Volume 13

Law - 1888 - 1056 pages
...it was made than to the one under consideration. "Two things must concur, " said that learned judge, "to support this action, — an obstruction in the...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...
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The Northeastern Reporter, Volume 160

Law - 1928 - 966 pages
...another's using ordinary care for himself. Two things must concur to support this action. an obstruction of the road by the fault of the defendant, and no want...the part of the plaintiff." Butterfield v. Forrester has been a leading case In England (1 Beven on Negligence [2d NT) (NT Ed.] p. 169 ; Pollock on Torts...
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The Canadian Annual Digest, 1904-1935: With Tables of Cases Digested and ...

Law reports, digests, etc - 1919 - 376 pages
...in contact with an obstruction on a highway is that two things must concur to support the action, aa obstruction in the road by the fault of the defendant,...ordinary care to avoid it on the part of the plaintiff. Frccdman v. City of Winnipeg (Man.), 43 DLR 126, [1918] 3 WWR 479. OBSTRUCTIONS — DEATH — LIABILITY...
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Atlantic Reporter, Volume 26

Law reports, digests, etc - 1893 - 1274 pages
...ordinary care for himself. Two things must concur to support thia action. An obstruction in the road, and no want of ordinary care to avoid it on the part of the plaintiff." The rule of law laid down in Butterfield v. Forrester was expressly approved in Bridge v. Railway Го.,...
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The Manitoba Reports: Containing Reports of Cases Decided in the ..., Volume 29

Law reports, digests, etc - 1920 - 588 pages
...follows: "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 statement of the law was expressly approved in Bridge- v. Grand Junction Ry. Co., 3 M. & W. 244,...
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American Law Reports Annotated, Volume 57

Law reports, digests, etc - 1928 - 1610 pages
...against them. One person being in fault will not dispense with another using ordinary care for himself. Two things must concur to support this action —...ordinary care to avoid it on the part of the plaintiff." There are obiter expressions in some of the cases apparently recognizing or assuming that contributory...
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The Cornell Law Quarterly, Volume 12

Electronic journals - 1927 - 604 pages
...Butterfield v. Forester, II East (Eng.) 60 (1809). He said: "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." •Citing cases on this point is indeed piling Ossa on Pelion. However, collections of cases may be...
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An Invitation to Law and Social Science

Richard Lempert, Joseph Sanders - Law - 1986 - 556 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. 1 1 1 East 60. 61 i The contributory negligence rule is a harsh one. In its classic formulation, contributory...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 68

California. Supreme Court - Law reports, digests, etc - 1906 - 746 pages
...dispense with another's using ordinary care for himself. Two things must concur to support this actioq: an obstruction in the road, by the fault of the defendant;...ordinary care to avoid it on the part of the plaintiff." In the case at bar we have the spurious deed executed by a pretender in the name of West, and negligently...
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