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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 - الصفحة 8
بواسطة Michael McDermott - 1879 - عدد الصفحات: 586
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United States Supreme Court Reports, المجلد 4

United States. Supreme Court - 1910 - عدد الصفحات: 700
...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...

Pacific States Reports: Extra Annotated, كتاب 22

1911 - عدد الصفحات: 2152
...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...

Select Cases on the Law of Torts: With Notes, and a Summary of ..., المجلد 2

John Henry Wigmore - 1912 - عدد الصفحات: 1076
.... . . 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...

Cyclopedia of Law ...

Charles Erehart Chadman - 1912 - عدد الصفحات: 796
...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...

Cases on Torts: With Abstracts of Lectures Upon Several Torts

Charles Albert Keigwin - 1915 - عدد الصفحات: 604
...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...

Cases on the Law of Torts, المجلد 2

Francis Hermann Bohlen - 1915 - عدد الصفحات: 858
...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...

Cases on Torts: With Abstracts of Lectures Upon Several Torts

Charles Albert Keigwin - 1915 - عدد الصفحات: 584
...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....

United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1919 - عدد الصفحات: 744
...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...

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

Sir John William Salmond - 1920 - عدد الصفحات: 660
...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....

Revue Du Barreau Canadien, المجلد 1

1923 - عدد الصفحات: 920
...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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