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

United States. Supreme Court, James Brown Scott - 1923 - عدد الصفحات: 770
...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,...

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

Canadian Bar Association - 1924 - عدد الصفحات: 534
...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...

Selected Essays on the Law of Torts

1924 - عدد الصفحات: 794
...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...

Selected Essays on the Law of Torts

1924 - عدد الصفحات: 792
...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....

The Federal Reporter, المجلد 250

1918 - عدد الصفحات: 1052
...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...

The Law of Torts

George Luther Clark - 1922 - عدد الصفحات: 412
...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...

The Central Law Journal, المجلد 97

1924 - عدد الصفحات: 440
...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...

Cases on the Law of Torts

Lyman P. Wilson - 1928 - عدد الصفحات: 1130
...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...

The Law of Municipal Corporations, المجلد 7

Eugene McQuillin - 1928 - عدد الصفحات: 1032
...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...

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

Sir John William Salmond - 1928 - عدد الصفحات: 776
...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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