 W. 546): that the contributory negligence of the party Injured will not defeat the action if it be shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the Injured party's negligence.  The Northeastern Reporter - Страница 3681901Пуни преглед - О овој књизи
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 страница
...has grown up in recent years, (having been first enunciated in Davies v. Mann, 10 Mees. & W. 546;) that the contributory negligence of the party injured...the consequences of the injured party's negligence." Quibell v. Railroad Co., 7 Utah, 122, 25 Pac. Eep. 734. Some of the facts presented to justify a recovery... | |
 | 1900 - 2044 страница
...which has grown up in recent years (having been first enunciated in Dnvles v. Mann, 10 Mees. & W. 54G), that the contributory negligence of the party injured...shown that the defendant might, by the exercise of reasouable care and prudence, have avoided th« consequences of the injured party's negligence.' "... | |
 | 1908 - 1118 страница
...to the want of ordinary care and caution in the person injured, subject to this qualification: * * * That the contributory negligence of the party injured...action If It be shown that the defendant might. by tlie exercise of reasonable care and prudence, have avoided the consequences of the injured party's... | |
 | 1921 - 2116 страница
...L,. Ed. 270, it was ruled that the negligence of the party injured will not preclude recovery by him, "if it be shown that the defendant might, by the exercise...and prudence, have avoided the consequences of the plaintiff's negligence." This rule was reaffirmed in Grand Trunk Railway Co. v. Ives, 144 US 408, 429,... | |
 | New Hampshire. Supreme Court - 1901 - 728 страница
...any reason, including his own negligence, have avoided the results of the plaintiff's want of care. " The contributory negligence of the party injured will not defeat the action if it be shown that the defendants might by the exercise of reasonable care and prudence have avoided the consequences of the... | |
 | 1908 - 1164 страница
...negligence on his part will not exonerate the defendant and disentitle the plaintiff from recovering, if it be shown that the defendant might, by the exercise...and prudence, have avoided the consequences of the plaintiff's negligence. [Ed. Note. — For cases in point, see Cent. Dig. vol. 37, Negligence, § 115.]... | |
 | 1919 - 1024 страница
...negligence on his part will not exonerate the defendant and disentitle the plaintiff from recovering, if it be shown that the defendant might, by the exercise...of reasonable care and prudence, have avoided the consequence of the plaintiff's negligence." This doctrine of the "last clear chance' Is recognized... | |
 | 1908 - 1164 страница
...injured may have been the primary cause of the injury, yet an action for such injury may be maintained, if it be shown that the defendant might by the exercise of reasonable care and diligence have avoided the consequences of the injured party's negligence. [Ed. Note. — For cases... | |
 | 1902 - 1196 страница
...any reason, including his own negligence, have avoided the results of the plaintiff's want of care. "The contributory negligence of the party injured...the consequences of the injured party's negligence." Railroad Co. v. Ivés, 144 US 408, 429, 12 Sup. Ct. G79, 36 L. Ed. 485; Coasting Co. v. Toison, 130... | |
 | 1895 - 1132 страница
...negligence of the plaintiff would not exonerate the defendant and disentitle the plaintiff from recovering, "if it be shown that the defendant might, by the exercise...and prudence, have avoided the consequences of the plaintiff's negligence." In that case the court said that the jury might well be of opinion that while... | |
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