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" It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far... "
Commentaries on American Law - Sivu 319
tekijä(t) James Kent - 1873
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1833 - 812 sivua
...also in the same connection, the result depends upon the facts. The question in such cases is : (i) Whether the damage was occasioned entirely by the...negligence or improper conduct of the defendant ; or (2) whether the plaintiff himself so far contributed to the misfortune, by his own negligence, or want...

Connecticut Reports: Containing Cases Argued and Determined in the ..., Nide 59

Connecticut. Supreme Court of Errors - 1891 - 662 sivua
...also in the same connection, the result depends upon the facts. The question in such cases is 1st, whether the damage was occasioned entirely by the...negligence or improper conduct of the defendant ; or 2d, whether the plaintiff himself so far contributed to the misfortune by his own negligence or want...

A Treatise on the Law of Master and Servant: Including Therein Masters and ...

Charles Manley Smith - 1860 - 622 sivua
...Wightumn, J., in delivering judgment, said: — "The proper question for the jury in cases of this kind is, whether the damage was occasioned entirely by...want of ordinary and common care and caution, that bul forsucb negligence or want of ordinary care and caution on his part the misfortune would not have...

Irish Chancery Reports: Being a Series of Reports of Cases Argued and ...

Ireland. High Court of Chancery - 1861 - 652 sivua
..." question for the jury in this case, and, indeed, in all others of the • D. AND w. " like kind, is, whether the damage was occasioned entirely by the " negligence or improper conduct of thj defendant, or whether the " plaintiff himself so far contributed to the misfortune, by his own...

A Treatise on the Law of Reparation

John Guthrie Smith - 1864 - 590 sivua
...de eo per quem fact, erit (2, 10), lex 3, § 3. such circumstances, the proper question for the jury is — whether the damage was occasioned entirely by the negligence or improper conduct of the defender, or whether the pursuer himself so far contributed to the misfortune by his own negligence...

Reports of Cases Argued and Determined in the Court of Common Pleas ..., Nide 50

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 972 sivua
...to us that the proper question for the jury in this, and indeed in all other cases of the hke kind, is, whether the damage was occasioned entirely by...whether the Plaintiff himself so far contributed to the raUfortune by his own negligence or want of ordinary and common care and caution, that, but for such...

Reports of Cases Argued and Determined in the Court of Common Pleas ..., Nide 50

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 1038 sivua
...conduct plaintiff. care and caution, that, but for such negligence or want of ordinary care part of the the misfortune by his own negligence or want of ordinary and common Direction to and caution on his part, the misfortune would not have happened. jury. 2. In an action...

North Carolina Reports: Cases Argued and Determined in the Supreme ..., Nide 96

North Carolina. Supreme Court - 1887 - 724 sivua
...occasioned entirely by the negligence of the defendant, or did the plaintiff himself so far contribute to the misfortune by his own negligence or want of...common care and caution, that but for such negligence and want of common care and caution on his part, the misfortune would not have happened? If you believe...

Albany Law Journal, Nide 30

1885 - 550 sivua
...received by the deceased, and whether there was contributory negligence on the part of the deceased; whether the damage was occasioned entirely by the...misfortune by his own negligence or want of ordinary or common care and caution, that but for such negligence or want of ordinary care or caution on his...

Albany Law Journal, Nide 5

1872 - 438 sivua
...defendants' servants or whether the plaintiff herself so far contributed to the misfortune, by her own negligence or want of ordinary and common care...negligence or want of ordinary care and caution on her part, the misfortune would not have happened; that, in the first case, the plaintiff would be entitled...




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