 | Encyclopedias and dictionaries - 1833 - 874 pages
...want of gVill Where there has been contributory negligence on the part of the plaintiff, — ie, where he might, by the exercise of ordinary care have avoided the consequences of the defendant's negligence— be is not entitled to recover. By 9 and 10 Viet. c. 93 (commonly called Lord... | |
 | Law reports, digests, etc - 1897 - 518 pages
...cases following it were relied on. But the proposition established by those cases is that, although there may have been negligence on the part of the...defendants' negligence, he is entitled to recover. From what I have found as to the negligence of the master of the Altair it follows, in my opinion,... | |
 | Ireland. Court of King's Bench - Law reports, digests, etc - 1850 - 646 pages
...defendants' negligence." In a note to Raisin v. Mitchell (b) the result is thus stated, that " although there may have been " negligence on the part of the...ordinary care have avoided the consequences of " the defendant's negligence, he is entitled to recover ; if by ordinary "care he might have avoided them,... | |
 | Great Britain. Court of Exchequer - Law reports, digests, etc - 1840 - 554 pages
...negligence. In Butterfield v. Forrester («'), Lord Ellenborough states the rule to be, that although there may have been negligence on the part of the...ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them,... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1841 - 922 pages
...correctness in the case of Butterfield v. Forrester, 11 East, 60; and that rule is, that, although there may have been, negligence on the part of the...ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,... | |
 | William Selwyn - Nisi prius - 1842 - 822 pages
...in both parties, and yet the plaintiff may be entitled to recover ; for the rule is, that although there may have been negligence on the part of the...ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,... | |
 | Archibald John Stephens - Arbitration and award - 1842 - 998 pages
...said, " The rule of law is laid do« in Butterfield v. Forrester (11), and that rule is, that although there may have been negligence on the part of the...ordinary care, have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided them,... | |
 | Law - 1843 - 534 pages
...general rule of law respecting negligence is, that although there may have been negligence on the pait of the plaintiff, yet unless he might by the exercise...ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover. Therefore, where the defendant negligently drove... | |
 | Henry Roscoe - Evidence (Law) - 1844 - 910 pages
...Junction Railway Co., 3 M. 4- W. 244. ; in which case Parkc B. states the rule to be that, although there may have been negligence on- the part, of the...ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover : if by ordinary care he might have avoided this,... | |
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I believe quite correctly, that "the rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester, II East, 60, that, although there may have been negligence on the part of the plaintiff, yet unless he might, by the exercise... 
